This is an application for condonation and extension of time within which to file an appeal out of time. The application is opposed by the respondents on several grounds. Respondents aver that the application for condonation is defective for non-compliance with the rules of this court. Applicant has not sought to seek the indulgence of this court to amend the application but urged the court to deal with the writs of the application rather than deal with the issue of the defective form. In this regard applicant contends that no prejudice will be occasioned by the defective form since the... More
The brief background to the matter is this: - The applicant was staying with the late Memory Ngwenya who died on 18th July 2021. The applicant’s status as regards his relationship with the late Memory is a bone of contention between him and the late Memory’s family. Following Memory’s death, the 1st respondent was appointed as the executrix dative by the 2nd respondent. The date of appointment was not clear but it was said to be either September or November 2021. More
This case involves a freak accident that unfortunately left the plaintiff with a corneal and scleral perforation in his right eye. Plaintiff had filed a delictual claim against the defendant seeking damages as follows;
a) Loss of income; US$16 000-00.
b) Hospital expenses; US$2 000-00.
c) Estimated future and medical expenses; US$4 000-00.
d) General damages inclusive of pain and suffering and permanent disability; US$200 000-00.
e) Interest at the prescribed rate from the date of issuance of summons to date of full and final payment.
f) Costs of suit.
Plaintiff specifically alleged in paragraph 4 of his declaration that... More
The appellant in this case appeared before a magistrate sitting at Hwange on 16 September 2013. He was facing a charge of contravening section 67 (1) (a) (i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] “indecent assault”. It was alleged that on 4 March 2013, at ZRP Hwange Camp Quarters, and with indecent intent, and knowing that the complainant had not consented to such action, the appellant fondled the complainant’s breasts. More
Defendant entered appearance to defend and filed a plea. The basis of the plaintiff’s claim is that on the 29th of August 2018, plaintiff and defendant entered into a Marketing Licence Agreement herein after called the (“MLA”) wherein plaintiff was the Licensor and defendant the Licensee. Plaintiff who is the owner of property known as Fife Street Service Station allowed defendant to occupy and utilize the service station on terms agreed in the said agreement. The agreed duration of the agreement was one (1) year from the 1st June 2018 up to the 31st of May 2019. In terms of... More
