The above two matters where both heard on appeal on 7 October 2019. The subject matter and facts giving rise to the appeals are the same. The grounds and heads of argument are exactly the same with just the necessary changes and they are subject of the same arbitral award granted by the same arbitrator and registered by the same Magistrates’ Court sitting at Kwekwe. For that reason, I have combined them for purposes of this judgment. More
TAKUVA J: The two records were placed before me by the Registrar. They had been referred to this Court by the Learned Scrutinising Regional Magistrate at Gwanda with the following comment:
“Both matters came to me by way of scrutiny and were dealt with by the same Magistrate. I queried the correctness of the convictions seeing it was quite clear from the record of proceedings that the accused persons were raising defences. In response to the queries raised the trial Court conceded.
If the learned Judge is with me may corrective measures be taken.” More
The two matters listed above are related and the interested parties agreed that they be consolidated and argued at the same time to avoid repetition.
Case No 1 filed under HC 2981/18 is a court application where the applicant seeks the following relief;
1.1 An order cancelling the agreement of sale between the 1st respondent and 2nd respondent in respect of an immovable property known as Stand 10075 Bulawayo Township of Bulawayo Township lands also known as No. 46 Cheltenham Road, Montrose Bulawayo, and further reversing the transfer of ownership of the aforementioned immovable property from the 2nd respondent to... More
In case No. EC 05/23 the appellant is CCC. The first respondent is ZEC; the second respondent is Busani Sithole; the third respondent is Mandlenkosi Tshuma; the fourth respondent is Cephas Ncube; the fifth respondent is Lovemore Banda; the sixth respondent is Sambulo Maphosa; and the seventh respondent is One Ncube. The second to the seventh respondents have been declared duly nominated candidates for various wards representing CCC in the Nkayi RDC in the forthcoming 23 general elections. The appeals are against the decisions of the Nomination Courts declaring the respondents duly nominated candidates for various constituencies and wards representing... More
This judgment relates to the appeals filed by the four appellants against the decision of the Nomination Court to reject their nomination for the Vungu National Assembly Constituency, the Gokwe Central National Assembly Constituency, the Gokwe Chireya National Assembly Constituency and Gweru Urban National Assembly Constituency, respectively. All the appeals raised the same issues and so were consolidated with the consent of the parties. More
