The background to this matter explains the very long and elaborate draft order. These background facts are based on the applicant’s version, which is this: the applicant and 1st respondent were known to each other as client and legal practitioner since 2005. The 1st respondent is a legal practitioner and senior partner practicing under Dube-Banda, Nzarayapenga and Partners. The 1st and 2nd respondents are shareholders in the 3rd respondent. The 1st respondent pitched a proposal to the applicant to invest in the 3rd respondent and the applicant duly invested US$400 000 but in the form of a loan. This investment... More
This is an appeal against the whole judgment of the Magistrates’ Court sitting in Bulawayo, dated 13 August 2020. The court a quo granted the following order: cancellation of the agreement; the deposits and part payment made by defendant to be forfeited by plaintiff as rentals; ejectment of defendant and all those claiming occupation through them (sic) from stand No. 70 Emthunzini Township, Bulawayo; and costs of suit. More
This is an application for bail pending trial. The application is opposed. The applicant is facing a charge of murder in contravention of section 47 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23)
Factual background
It is alleged by the state that on the 15th February 2020 at around 20:00 hours, the deceased, one Thulani Ndlovu was at his residence at Lovendale, Bulawayo. The applicant had an altercation with one of the deceased’s brothers. The deceased intervened in an effort to restrain the two from fighting. The deceased then left the scene and went back to his... More
The applicant, a legal entity, is a relentless litigator. It has been in and out of this court on not less than five occasions. It has taken some of its cases to the Supreme Court on not less than two occasions. In all the stated effort, its aim and object, it states, were to wrestle Stand 11, Bulawayo Light Industrial Site of Bulawayo Township Lands (“the property”) which is held under Deed of Transfer 462/1977 from the first respondent to itself. More
This is an application seeking to interdict the respondents from evicting the applicant from a property sold at a sale in execution. The applicant further seeks an order setting aside the transfer of the property sold in execution without setting aside the sale in execution itself. The order sought by the applicant is in the following terms:
“IT IS ORDERED THAT
1. The 1st respondent be and is hereby interdicted from evicting the applicant or those claiming through it from stand 11, Bulawayo Light Industrial Site of Bulawayo Township Lands, Bulawayo pending the finalization.
2. The transfer of Stand 11,... More
