DUBE-BANDA J: This is a divorce matter. The parties were married to each other on the 23rd April 1996, which marriage still subsists.Five children were born of the marriage. All the children are now adults. The plaintiff instituted divorce proceedings, issuing summons in this court for a decree of divorce and ancillary relief. The divorce action is founded on the basis that the marriage relationship between the parties has irretrievably broken down and has reached such a state of disintegration that no reasonable prospect exists for the restoration of a normal marriage relationship between the parties. More
1st to 16th applicants are all employees of the 1st respondent and they all subscribe to the 17th applicant, a trade union duly registered in terms of the Labour Act (Chapter 28:01) (The Act). In this application they seek the following relief:
“1. The application for a declaration of rights be and is hereby granted.
2. The Collective Bargaining Agreement National Employment Council for the Cement & Lime & Allied Industry, 2004, be and is hereby declared to be lawful and binding on the 1st and 2nd respondents.
3. The variation of the contracts of employment of 1st to 16th... More
The applicants were charged and convicted of robbery as defined in section 126 (2) of the Criminal Law Codification and Reform Act (Chapter 9:23) by a Regional Magistrate sitting at Gwanda on 28th October 2021. Applicants were each sentenced to 10 years imprisonment of which 2 years were suspended for 5 years on the usual conditions of future good conduct. Dissatisfied with both conviction and sentence applicants filed an appeal with this court. The applicants now make an application for bail pending appeal. The application is opposed by the state. More
This is an application for bail pending appeal made in terms of section 123(1)(b)(ii) of the Criminal Procedure and Evidence Act [Chapter 9:07] The Principles underlying an application of this nature are trite viz; the likelihood of abscondment, the prospects of success on the actual appeal and the delay before the appeal is heard. These are weighed against the interests of the administration of justice and the individual’s right to freedom. In the matter of S vs Kilpin 1978 RLR 282 (A) it was held that the principles governing the granting of bail after conviction were different from those governing... More
This is an application for a declaratory order. The basis of the declaratory order sought is an alleged fraudulently instigated cancellation of a Deed of Transfer by the 2nd respondent at the behest of the 1st respondent. The declarator seeks to vindicate the applicant’s right of ownership in terms of the Deed of Transfer No. 2290/2018. More
