MOYO J: This is a chamber application for the upliftment of a bar. The applicant avers that this is an application for the upliftment of a bar effected against him in case number HC 783/20 on the 9th of June 2020 following his failure to file a notice of opposition and opposing affidavits by the end of day on 9th June 2020. The opposing papers related to a chamber application for the dismissal for want of prosecution of HC 371/20 on the basis that the answering affidavit and the heads of argument therein had not been filed timeously. The 9th... More
This is an urgent application for stay of execution. The matter is opposed. The order sought in the Draft Order is in the following terms:
“INTERIM RELIEF GRANTED
1. Pending the return date, 2nd respondent be and is hereby interdicted from disposing of applicant’s assets taken in execution of the judgment debt in HC 196/19 by sale or otherwise.
TERMS OF THE FINAL ORDER SOUGHT
1. That it be declared that the debt owed by the applicant to 1st respondent denominated in United States Dollars being USD384 177 (as represented by the acknowledgment of debt signed by the applicant on... More
The appellant was tried and convicted by a Provincial Magistrate sitting at Bulawayo on a charge of theft as defined in section 113 of the Criminal Law Codification and Reform Act (Chapter 9:23). The appellant denied the charge but following a full trial she was convicted and sentenced to 36 months imprisonment.
Aggrieved and dissatisfied with both conviction and sentence she noted an appeal in this court.
Factual background
On the night of 10th September 2018 complainant met the appellant at Red Café Night Club along Robert Mugabe Way and Corner 11th Avenue in Bulawayo. Complainant made sexual advances towards... More
This is an urgent chamber application wherein the applicant seeks an order on the following terms:
“Interim relief sought
That pending the determination of this matter, the applicant is granted the following relief:
1. The 1st and 2nd respondents and all those claiming through them be and are hereby ordered to suspend all mining activities at Parameter B 16 to 19 and to vacate the same forthwith.
2. The 2nd and 3rd respondents be and are hereby ordered to provide the applicant with protection and ensure that applicant is granted access to its Parameter B16 to B19 mining claims Inyathi. More
