I must say from the onset that I hold the view that applications for the review of uncompleted proceedings of a lower court, particularly criminal proceedings, being brought before a single Judge in Motion Court should be greatly discouraged. They are, in my view, generally undesirable. More
Applicant, a self acto,r filed this application titled ‘Urgent chamber application for suspension of eviction and restoration of the application’. He sought in the interim the following relief:
“1. That the Respondents jointly and severally, the one acting the other be absolved, be and are hereby ordered to, immediately, unconditionally and at no any other cost to the applicant, upon being served with this order ,open the premises , being house number 32 Amersham Road, Paddonhurst, Bulawayo, and allow the applicant, his minor children and property move into the house and serve them from the extremely cold weather”.
Applicant claims... More
This is a claim for a decree of divorce and ancillary relief. The parties were married in terms of the Marriage Act then Chapter 5:11 on the 1st of August 2015 and the marriage still subsists. Prior to their marriage they entered in a pre-nuptial contract to govern their marital regime. They have 2 minor children born of the marriage namely; Keegan Bruce Duncan King a boy born on 4June 2016 and Phillipa Ann King a girl born on 22 February 2018. More
This is a bail application lodged by the applicant after the first application was refused in this court. The first application was refused on the 10th May 2021. The applicant is now applying for bail on the basis of new facts. He is jointly charged with other persons. The applicant and his co-accused are charged with two counts of robbery as defined in section 126(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code), and one count of attempted murder as defined in section 189 as read with section 47 of the Criminal Code. More
This is an application for rescission of judgment brought in terms of Rule 449 or alternatively Rule 63 of the High Court Rules, 1971.
Rule 449 provides that:-
(1) “The court or a Judge may in addition to any other power it or he may have, mero motu or upon the application of any party affected, correct, rescind, or vary any judgment or order –
(a) that was erroneously sought or erroneously granted in the absence of any party affected thereby; or
(b) ………………”
The applicant seeks rescission of the judgment granted in case number HC 523/2019 on the basis... More
