On the 8th of March 2019 a chamber application for dismissal for want of prosecution was placed before me. I granted the order on 2nd April 2019.
I have been requested to provide reasons for the decision. These are my reasons.
A Chamber Application for dismissal for want of prosecution is governed by the provisions of order 32 Rule 236 (4) (b). The rule provides as follows:
“4. Where the applicant has filed an answering affidavit in response to the respondent’s opposing affidavit but has not, within one month thereafter set the matter down for hearing, the notice, on notice... More
DUBE-BANDA J: In this court application, applicant seeks an order to have a caveat registered against the title of Plot 17 and 18 of Greenvale, Bickford, Umsungwe Block, Gweru (Plot 17 and Plot 18), and costs against 1st and 2nd respondent on a legal practitioner and client scale. The application is opposed by the 1st respondent. 2nd respondent filed a consent to judgment. 3rd respondent did not participate in these proceedings, and I take the view that it has taken a position that it shall abide by the order this court. For ease of reference, the parties shall, where the... More
DUBE-BANDA J:This is an appeal against the whole judgment of the Magistrate’s Court, sitting atFilabusiCourt. The appellant was charged in the court a quo together with three other persons, namely, Praymore Ncube; Christian Makoni; and Zibusiso Nkala (to whom I shall refer as Accused No 1, Accused No 2, and Accused No 3, respectively), with the crime of stock theft as defined in section 114(2)(a) (ii) of the Criminal Law [Codification and Reform] Act, Chapter 9;23. The appellant and his co-accused pleaded not guilty but were convicted as charged and each sentenced to a term of 9 years imprisonment.He appeals... More
1. This is an application for leave to file an additional affidavit in HC 345/20 (main application). The applicant seeks an order couched in the following terms:
i. The applicant be and is hereby granted leave to file a supplementary affidavit under case number HC 345/20.
ii. The applicant shall file such an affidavit within 5 days of the date of this order.
iii. There is no order as to costs. More
In this matter the Plaintiff issued summons claiming:-
a) $50 000-00 being damages for the unlawful suspension of the marketing licence agreement.
b) $1 350-00 being the reimbursement of the value of plaintiff’s licences used without plaintiff’s consent and authority.
c) $64 350-00 being 5% gross turn-over for the unauthorized use of the plaintiff’s licences.
d) $25 000-00 being refund of plaintiff’s capital injected into the service station.
e) $73 935-29 being payment for losses incurred at the service station due to the defendant’s failure and negligence in monitoring the service station equipment
f) $44 283-00 being the reimbursement for... More
