This is an urgent court application for a declaratory order in terms of Section 14 of the High Court Act [Chapter 7:06] as read with Rule 59(6) of the High Court Rules, 2021.
At the hearing of the matter counsel for the Respondents raised 6 preliminary points:
(a)That the Applicants failed to file proof of service with the Registrar of this court within 5 days of service of such application on the other parties in violation of Rule 58 (14) of the High court Rules, 2021. That the matter should now be deemed abandoned per sub rule 15 of the... More
MABHIKWA J: The applicant in this matter was charged with and convicted of the crimes of firstly contravening section 65 of the Criminal Law (Codification and Reform) Act, Chapter 9:2 – “Rape” and secondly contravening section 67 (1) (a) (i) of the same Act, “Indecent assault.” The applicant was subsequently sentenced by the Regional Magistrate’s Court sitting at Bulawayo to 16 years imprisonment of which 3 years imprisonment were suspended on conditions. Having filed a Notice of appeal against both conviction and sentence, the applicant has filed the current application for bail pending appeal. More
The applicant and 1st respondent had a mining dispute over the pegging of applicant’s Eric 9 Mine which had allegedly encroached onto 1st respondent’s Annedale 12 Mine. Both mines are located in the Insiza District. With the consent of the applicant and 1st respondent the mining dispute was investigated and adjudicated upon by the Provincial Mining Director, Matabeleland South. 3rd respondent handed down a determination on 15th June 2020 with findings that applicant was required to adjust the boundaries of his claim so that they did not overlap into 1st respondent’s claims. Dissatisfied with the determination by 3rd respondent, applicant... More
KABASA J: This is an appeal against a determination made by the Provincial Mining Director for Matebeleland South. The determination filed of record has 15th June 2020 as the date of determination and T. Makaza as the official who made such determination. The notice of appeal however has a different date as the date of the determination and a different name of the official who is said to have made that determination. More
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
