This application was filed as a chamber application for leave to appeal MABHIKWA J’s judgment, which judgment granted the 1st and 2nd respondents’ application for condonation for late filing of an application for review. The chamber application was duly placed before the Judge who ordered that it be referred to the opposed roll. This order was given on 10th March 2020. In compliance with that order the chamber application was referred to the opposed roll and finally set down for hearing in 2022. More
DUBEBANDA J: This is a court application for specific performance. Applicant seeks an order to compel 1st respondent to transfer into his name an immovable property being house number 1046 Chinotimba Township, Victoria Falls, and costs of suit. The application is opposed by the 1st respondent. 2nd and 3rd respondent did not file opposing papers and did not participate in these proceedings. I understand their position to be that they are content to abide by the order of this court, whatever it is. More
This is an application for condonation of the late noting of an appeal against sentence only. The applicant was convicted of 2 counts of rape by the Regional Court, he was sentenced to 17 years imprisonment in respect of each count giving a total of 34 years imprisonment of which 4 years imprisonment were suspended on the usual conditions, leaving him with 30 years effective. It is applicant’s submission that the sentence is too excessive as he is a first offender, and was the sole bread winner. More
MAKONESE J: This is an urgent chamber application for an interdict. The Draft Order is couched in the following terms:
“INTERIM RELIEF SOUGHT
1. That 1st and 2nd respondents, their associates, agents, assignees, partners, and all those claiming mining rights through them, be and are hereby ordered to forthwith cease all mining activities at Ansh 267 gold mine, registration number 27857, situate at Selukwe Peak Farm, Shurugwi.
2. That 4th respondent be and is hereby directed and ordered to carry out a survey on the ground and compile and file with the court a survey report within 21 days of... More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 11 June 2020, applicant appeared before the Gwanda Magistrate’s Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction to entertain his bail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure and Evidence Act [Chapter 6.09], (the Act)... More
