This is an application for rescission of judgment. At the outset, and to avoid confusion it is important to state that this application is in terms of rule 63(1) of the High Court Rules, 1971. It is important to state this because the heading of this application is framed thus: court application for the rescission of judgment in terms of rule 449(1) (a) as read with rule 63(1) of the High Court Rules, 1971. Respondents objected to this approach on the basis that an application for rescission cannot be anchored on both rules 63 and 449. At the commencement of... More
This matter was filed under a certificate of urgency with this court on the 25th July 2022. The parties appeared before me on the 3rd of August 2022 to argue the matter. The applicant seeks an order in the following terms:
“Interim relief sought
1. It is hereby ordered that the applicant be allowed occupation, use and access to a mine registered under certificate of registration number 30223 registered on 5 October 2015, in the name of Silobela Community Development Trust in respect of a mine named Turtle 54.
2. The 4threspondent with all those who act through him on... More
On the 30th of January 2022, the applicant was driving his employer’s vehicle registration No. ADS 1099 along Bulawayo – Victoria Falls Road. At the 335 km peg he was involved in a road traffic accident in which the motor vehicle driven by the applicant collided with another motor vehicle as a result of which that other vehicle suffered certain damages. Following the accident, applicant was charged with contravening section 52 (2) of the Road Traffic Act Chapter 13:11 “Negligent Driving.” He appeared before the 1st respondent, pleaded guilty and was convicted in terms of section 271 (2) (b) as... More
MABHIKWA J: The applicant issued summons against the 1st respondent out of the Magistrates’ Court at Kwekwe in case number KK 07/19. The now 1st respondent was the defendant whilst the now 2nd respondent was the trial magistrate in that case. The facts of that matter are not important in this judgment but briefly, they related to an alleged improper use of a hire truck belonging to the applicant. The 1st respondent, who was an employee of the applicant, allegedly misused the truck for hire for personal gain. The applicant demanded the value of the hire fees from him. 1st... More
On the 29 November 2018 plaintiffs sued out a summons against defendant (council) claiming that on payment of the sum of $1 782.00, the defendant complete the designs for roads, water and sewerage at stands 4475 to 4633 Mbizo 18, Kwekwe, that were allocated to the plaintiffs under an agreement with Carslone; that the defendants enters into sale agreements with each plaintiff for the stands as shown in Survey Diagram for the section 18 Extension; and in the alternative that the defendant pays each plaintiff the sum equivalent to the current value of the stands and the defendant refunds the... More
