KABASA J: This is an application for rescission of judgment, a judgment granted under case number HC 2167/19 on 10th September 2019. The application is brought in terms of rule 449 of the High Court Rules, 1971. The applicants contend that the judgment was erroneously sought and erroneously granted as the 1st respondent cited therein was deceased at the time of the filing of the application and the subsequent granting of the same. The 2nd respondent cited therein was not served with the application and so could not have been adjudged as being in default. Had the Judge who granted... More
This is a vindicatory action by the plaintiff who seeks to vindicate her house from defendant who is in occupation without her consent. After hearing all the evidence I granted the following order.
“Judgment be entered for the plaintiff against the defendant for:-
(a) An order evicting the defendant from No. 5 Chester Place, Hillcrest, Bulawayo and delivery thereof of the said property unencumbered.
(b) The defendant’s counter-claim be and is hereby dismissed.
(c) Each party to bear its own costs” More
This is an urgent chamber application wherein the applicant seeks the following interim relief:
“Pending the return date, the applicant is granted the following relief:
1. The execution of the writ of execution under HC 1430/17 issued on 2nd December 2021 by the Registrar of the High Court be and is hereby stayed.
2. The 2nd respondent be and is hereby interdicted from ejecting applicant from remaining extent Lot B Lower Rangemore, Umguza as per Notice of Removal dated 7th December 2021.
The final order sought should the interim relief be granted is:
1. The Certificate of Registration issued by... More
[1] This is an appeal against the order of the Magistrates Court sitting at the Bulawayo Magistrates Court. The appellant, Thembani Lunga, is a tenant at Flat 5 Sanlee Court, Bulawayo ("Flat 5"). The appellant was initially represented by a firm of legal practitioners, who have since renounced agency. The respondent, Rita Yvonne Sher, is the owner of Sanlee Court. The appellant and the respondent concluded a lease agreement in respect of Flat 5. In terms of this lease agreement, the appellant had to pay a rent of USD250.00 a month and his pro rata share of the operating costs.... More
Appellants appeared before a Magistrate sitting at Kezi on the 14th December 2019 facing one count of assault as defined in section 89 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Appellants pleaded guilty to the charge and were sentenced to 12 months imprisonment of which 2 months was suspended for 5 years on the usual conditions of future good conduct. More
