KABASA J: This is an application for the dismissal of the respondents’ application filed under case number HC 1425/16 for want of prosecution. The application is in terms of Order 32 Rule 236 (3) (b) of the High Court Rules, 1971.
The background facts are these: The respondents filed a court application seeking a declaratur of mining rights and cancellation of the special mining grant SG 5751 issued in favour of the applicant. The application was filed on 7th June 2016 and served on the applicant in 2017. The applicant duly filed a notice of opposition together with an opposing... More
This matter came to this court as an urgent chamber application. This court granted the interim relief sought, whose terms interdicted 1st defendant from disposing and transfering of stand number 70832 Lobengula West, Bulawayo to a third party. The court also ordered that in the event a sale had occurred, 2nd defendant should not proceed and effect the transfer of the property to a third party. More
KABASA J: The plaintiffs co-own a commercial property situated at 101 R. Mugabe Way, Bulawayo. They leased the property to the defendant and the lease was to run from 1 October 2011 expiring on 30th September 2012.
Clause 4 of that lease agreement stated the terms regarding the renewal or termination of the lease. This clause stated that: -
4(a) “Subject to any option to renew this lease hereinafter contained, unless the tenant gives to the owner notice as set out below, that he will vacate the Premises upon the expiry of this lease, the lease will be deemed to... More
The plaintiffs are the owners of a commercial property situated at 101 Robert Mugabe Way, Bulawayo. On 30th September 2011 the plaintiffs entered into a lease agreement with the defendant. The defendant was to lease the property for a period of one year, commencing on 1 October 2011 and expiring on 30 September 2012.
Clause 4 of the lease agreement provided that unless the tenant gave notice to vacate the premises upon the expiry of the lease, the lease would be deemed to be renewed from the date of expiry on the same terms and conditions subject to two calendar... More
It is not sufficient for the state to make bold assertions that particular grounds for refusing bail exist. The assertions made by the state must be well grounded on the facts. Simply alleging that the accused may abscond, that the matter is serious, and that the accused may endanger the public or will interfere with witnesses without substantiating such allegations does not meet the threshold of compelling reasons for the denial of bail. The facts alleged in the Request for Remand Form 242 or the charge sheet must disclose a link between the accused and the alleged offence. Where several... More
