The two matters Spencer’s Creek (Private) Ltd v ZIMNAT General Insurance HC 1801/22 (“HC 1801/22”) and Africa Albida Tourism (Private) Limited and Victoria Falls Safari Lodge Hotel (Private) Limited v ZIMNAT General Insurance HC 1800/22 (“HC 1800/22”) were placed before me one after the other for a further pre-trial conference in terms of r 49(5) of the High Court Rules, 2021. In both matters the plaintiffs claim payment allegedly due to the plaintiff in terms of the insurance contract between the plaintiffs and the defendant. The difference only relates to the amount claimed in that in HC 1801/22 the amount... More
This is an application to set aside a sale in execution conducted by the Sheriff in terms of Order 40 Rule 359 (8).
Before I proceed to deal with the substance of the application I have to deal with the entire background and the application for my recusal by applicant.
I initially set this matter down on 11 June 2020 at 10:00 hours. It is crucial to mention that parties were given a long set down date of about 3 weeks in total. To be precise, this application was served on the applicants’ legal practitioners on 18 May 2020, advising... More
The accused was arraigned before a Magistrate at Plumtree on the 27th of March 2022 facing one count of culpable homicide as defined in section 49 of the Criminal Law Codification & Reform Act (Chapter 9:23) as read with section 52 of the Road Traffic Act (Chapter 13:11).
The accused pleaded guilty and was convicted and sentenced to pay a fine of RTGS $25 000 in default of payment 6 months imprisonment. In addition 6 months imprisonment was wholly suspended for 5 years on condition accused did not within that period commit any offence involving the negligent killing of another... More
MAKONESE J: There have been numerous judgments of this court which have reiterated that when judicial officers decide upon the appropriate sentences in cases involving culpable homicide arising out of road traffic accidents, regard must be had to the provisions of section 52 of the Road Traffic Act (Chapter 13:11). More
TAKUVA J: This record was placed before me by the learned Scrutinising Regional Magistrate at Gokwe in terms of section 58(3)(b) of the Magistrates Court Act (Chapter 7:10). More
