This is an application for bail pending trial. At the hearing of the application I dismissed it ex tempore. The applicant has requested for full reasons. Here are they. More
The appellant appeared before a Regional Magistrate at Tredgold, Bulawayo, facing 2 counts of rape in contravention of Section 65 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23) on the 27th February 2018. It was alleged by the state that on unspecified dates, but on two separate occasions during the month of May 2017, the appellant allegedly raped the complainant a 13 year old juvenile at knife point. Appellant pleaded guilty to the charge. After a full trial appellant was convicted on both counts and sentenced to an effective prison term of 7 years. Appellant filed and... More
In this matter I was phoned just before midnight on 29 June 2019, it having been filed as an urgent chamber applicant. I got to the High Court at 0012 hours on Sunday 30 June 2019. I found some of the applicants present in the company of their legal practitioner, Ms Sauramba. I sat out to read the bulky application as well as listen to representations from Ms Sauramba on behalf of the applicants. I was in my chambers until well after 4am. I decided that the matter would be set down for a hearing whereupon the other parties would... More
DUBE-BANDA J: This is a court application for a declaratory order. Applicant seek an order couched in the following terms, that:
1. The registration of the estate of the late Maxwell Joseph Mukanganise under DRBY 1744/01 is declared null and void.
2. The transfer of the house number 76-2332 Mpopoma, Bulawayo effected into the 1st respondent’s be and is hereby reversed to the estate late Maxwell Joseph Mukanganise.
3. The 2nd respondent be and is hereby ordered to reopen the estate of the late Maxwell Joseph Mukanganise for the executor dative and the administration of estate with the involvement of... More
MABHIKWA J: This matter appeared before me where the applicant was seeking simply an order that respondent be ordered to release funds that were due to applicant which funds should be used to operationalize the business of Security Mills.
The applicant’s claim in simple terms, was that 1st respondent (Mr B. Sengweni) is a trustee of the 2nd respondent company as constituted in terms of a court order granted under cover of case number HC 2839/18. He is in charge of the matters of the said 2nd respondent company which is under a scheme of arrangement. More
