The applicant is a Sergeant in the Zimbabwe Republic Police. He is based at Beitbridge. He is facing allegations of theft of a motor vehicle as defined in section 113 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant denies the charge. He has approached this court seeking bail pending trial. The state is opposed to the application. More
This is an urgent application. This application was filed on the 6 August 2020, when this court was on vacation. On the 7th August 2020, the duty Judge then, endorsed that the matter could not be set-set down for hearing due to lack of time. It was then rolled over to the next duty Judge. On the 21 August 2020, the next duty judge endorsed that the respondent was not in attendance. She was admitted in hospital with the baby, the matter was again rolled over to the next duty Judge. On the 24 August 2020, when I started my... More
1. This urgent application was placed before me on the 13 May 2022. After considering it, I ruled that the matter was not urgent and I removed it from the roll of urgent matters. On the 19 May 2022, applicants addressed a letter to the Registrar of this court asking to be furnished with reasons for my ruling. Applicants’ letter was brought to my attention on the 27 May 2022. These are the reasons. More
This is an application for stay of execution brought under a certificate of urgency. The draft order is in the following terms:
“Interim relief sought
1. The 3rd and 4th respondents be and are hereby ordered to stay the sale in execution in matter number HC 1774/15 which is scheduled for the 19th November 2021 pending the return date. More
MAKONESE J: In terms of our law, and in accordance with the provisions of section 25 of the Administration of Estates Act (Chapter6:01), a deceased estate is represented by an executor or executrix duly appointed and issued with letters of administration by the Master. An executor accepts the position of legal representative of the deceased with all the rights and obligations attached to that position. It follows that because the deceased estate is vested in the executor, he is the only person who has locus standi to bring any action relative to property belonging to the deceased estate. Any person... More
