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
On 9 March 2021 Never Nyakale, Lucia Nyakale and Portia Nyakale (plaintiffs) sued out a summons in case HC 69/21 against Wisdom Chitura and Helen Maureen Mushore (defendants) seeking a declaratory order that: the agreement between Mushore and Chitura be declared to be of no force and effect on the grounds that it was illegal and invalid; and that Chitura be evicted from the property known as U28 Mzilikazi, Bulawayo (“the disputed property”). More