This is an urgent chamber application for stay of execution in terms of Order 32 Rule 244 of the High Court Rules, 1971.
The terms of the final order sought were that:
1. Execution be stayed pending the determination of the application for rescission of the default judgment under HC 522/20.
2. There be no order as to costs.
In the meantime, applicant sought the following interim relief;
1. That pending determination of the matter under HC 522/20, the Sheriff be directed to stay execution of the order made under HC 349/20.
2. That the 2nd respondent be ordered to... More
For a party seeking the registration of a caveat to succeed in obtaining a court order for that purpose, he or she must establish that he/she has a legal interest in the property that needs to be protected by means of a caveat. A caveat is essentially an encumbrance placed on a property restricting any dealings in respect of and alienation of the property. More
The applicant is facing allegations of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant appeared at Gwanda Magistrates’ Court for an initial remand on 4th of May 2022. He was remanded in custody to the 18th May 2022. Applicant desires to be released on bail pending his trial. This application for bail is opposed by the state on the grounds that he is a flight risk. The state contends that applicant is not a suitable candidate for bail as committed a similar offence whilst on bail on another murder charge. More
KABASA J: This is an application for bail pending appeal. I did not hear the parties as I decided to dispose of the matter on the papers in terms of Practice Direction 2/2021, a Practice Direction put in place in an effort to contain the spread of the corona virus.
The applicant appeared before a Provincial Magistrate sitting at Entumbane charged with one count of unlawful entry committed in aggravating circumstances as defined in section 131 (1) (a) as read with section 131 (2) (e) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded guilty to the... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 23 March 2021. The application was placed before me and I directed that a copy of the application and a notice of set down be served on the respondents. The matter was set-down for 26 March 2021. More
