1. This is an application for bail pending appeal against conviction and sentence. The applicant was arraigned before the Magistrates’ Court sitting at Bulawayo. He was charged with the crime of culpable homicide as defined section 49(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. It being alleged that on the 21st December 2020 along the Harare-Bulawayo road he drove a heavy motor vehicle negligently, in that he encroached into the path of oncoming traffic; failed to stop or act reasonable when an accident or collision seemed imminent; and failed to ascertain whether the road was clear before... More
TAKUVA J: On the 24th of August 2007, the plaintiff and 1st and 2nd defendants entered into an agreement for the “exchange” of her property namely Stand 4458 Bulawayo Township of Bulawayo with 1st and 2nd defendants’ property namely a restaurant registered under Richdena Investments (Pvt) Ltd. Plaintiff unsuccessfully demanded company documents from 1st and 2nd defendants to enable her to effect transfer of the restaurant into her names. More
The appellant is a frequent visitor to this court. In the past few years he has filed and defended various claims in this court and in the lower courts.
The appellant noted an appeal against the judgment of the Magistrates’ Court sitting at Bulawayo on 21st November 2017.
The factual background in this matter is this. Sometime in October 2014 appellant handed over his house at 18 Pingstone Road, Kumalo, Bulawayo, to 1st respondent for management. The parties entered into “management agreement” in terms of which 1st respondent agreed to secure a tenant to occupy appellant’s property and pay rentals... More
This application is titled “court application for unlawful disposal of deceased’s immovable property.”The 1st, 5th, 6th, 7th, 8th, 9th, 10th and 11threspondents neither filed opposing papers, nor participated in these proceedings.The 3rd and 4threspondents are cited in their official capacities because the implementation of the order sought by the applicant, if granted may require their services. This application is opposed by the 2nd respondent. The applicant seeks relief couched in the following terms:
i. The certificate issued by the Deputy Master under section 120 of the Administration of Estates Act be and is hereby set aside.
ii. The disposal of... More