This is an urgent chamber application. According to the certificate of urgency, the applicant is the registered owner of gold mining claims known as Stella A and Stella B, which are adjacent to 1st and 2nd respondents’ gold claim known as Stella C. It is alleged that if 1st and 2nd respondents’ are allowed to carry out mining operations at the disputed mining locations the mineral resource will inevitably be depleted causing irredeemable prejudice to the applicant. It is contended that none of the parties will suffer any irreparable prejudice if the relief prayed for is granted. More
This is an opposed application in which the applicant seeks the following order:
“1. The 1st respondent be and is hereby ordered to enforce and execute the judgment given under HC 573/04 within two days from the date of the order.
2. The 1st respondent be and is hereby ordered to execute on the writ and recover the amount outstanding regard being had to the prevailing bank rate at the time of execution.
3. The 2nd and 3rd respondents be and are hereby ordered to pay costs on attorney and client scale if they oppose the application.”
Background facts
The... More
1. This is an urgent application wherein initially the applicant sought a provisional order. At the hearing the court mero motu raised the issue whether this court has the jurisdiction and the competence to pronounce on the validity or lack thereof of a Supreme Court order. On reflection, Mr Dube counsel for the applicant conceded that this application has no merit and withdrew it tendering payment of costs on a party and party scale. Counsel conceded that this court has neither competence nor jurisdiction to pronounce on the validity or otherwise of an order of the Supreme Court. First respondent... More
This is an appeal against refusal of bail pending trial by a magistrate. The appeal is made in terms of sections 121 (b) and 121 (2) (b) of the Criminal Procedure and Evidence Act (Chapter 9:07) (the Act).
The facts
The Appellant, a self confessed cross border transporter who has been frequenting South Africa for the past ten (10) years was charged with contravening section 60A (3) (a) (b) of the Electricity Act (Chapter 13:19). The section states,
“Any person who without lawful cause, the proof whereof shall lie on him or her, receives or takes into possession of any... More
This is an application for bail pending trial. The state is opposed to the application on the grounds that the applicant is a flight risk in that he fled to Tanzania and was extradited to Zimbabwe to face trial. Applicant faces fraud charges in contravention of the Criminal Law Codification Act (Chapter 9:23). It is alleged that on 19th October 2020 applicant obtained from the complainant a sum of US$335 000 by means of misrepresentation. Applicant misled the complainant into believing that he could secure mining equipment for the complainant. After receiving the money applicant vanished and subsequently left Zimbabwe.... More
