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
KABASA J: This is an application for bail pending trial. The applicants are facing a charge of robbery. The allegations are that on 8th June 2021 the applicants, in the company of 4 others, hired a motor vehicle to Esigodini from Bulawayo and proceeded to the complainant’s home.One Thabisa Ncube who was part of the gang of 6 was a former employee of the complainant and is the one who led his co-accused to the complainant’s house.The group was armed with axes, knives and what looked like a firearm. The complainant was attacked using an axe and a log resulting... More
This matter was placed before me on the unopposed Motion Court on the 24th September 2020. Plaintiff sued out a summons out of this court claiming damages for injuries he sustained in the hands of the 1st and 2nd defendants. Defendants were served with plaintiff’s summons and did not enter an appearance to defend in terms of rule 48 of the High Court Rules, 1971 (Rules). In consequence of failing to enter an appearance to defend, defendants were barred by operation of rule 50 of the Rules. Plaintiff applied for default judgment.Order 9 rule 60 of the Rules permits the... More
