The applicant and the 2nd respondent signed an agreement of sale wherein the applicant purchased a certain piece of land in extent 4 000 square metres identified on the plan by number 73 situated along Circular Drive, Matsheumhlophe, Bulawayo. According to the agreement the 2nd respondent represented by one Hendrik Stephanus Rootman is the seller while the purchaser is indicated as Michael FiyadoMathanda. This agreement was signed on the 10th of April 2000. MrRootman is now deceased. The property was subject to a final survey. There were disputes regarding the survey between the property owners and the land surveyors. More
In this matter, the applicant seeks the following interim relief:
“It is hereby ordered that:
1. Applicant be and is hereby granted leave to execute the judgment of this court in HC 2680/19 notwithstanding the appeal filed by the respondent to the Supreme Court.
2. The respondent to pay the applicant’s costs of suit on a legal practitioner and client scale.” More
This is an appeal against the decision of a Magistrate refusing the appellant bail pending trial. The applicant faces a charge of stocktheft as defined in section 114 of the Code.
The first ground of appeal is that the learned Magistrate misdirected herself in finding that there were compelling reasons to deny applicant bail due to speculations and unfounded beliefs that if he is released on bail, he is likely to be harmed by the Gwanda Community. The 2nd ground of appeal is that the learned Magistrate misdirected herself by disregarding the fact that applicant is presumed innocent until proven... More
This is an application for bail pending trial. The applicants allege that there are changed circumstances, which if properly considered, would entitle them to bail pending trial. On the 10th February 2019 an application for bail pending trial was brought before me by the applicants and their co-accused. I declined the application and gave my reasons in judgment HB-04-19. I am informed that an appeal has been lodged to the Supreme Court against that judgment. More
I dealt with this matter in chambers and dismissed the application on 30th of September 2015. The reason was that the appeal had no prospects of success.
Applicant has requested for detailed reasons and here are they.
The applicant filed a notice of appeal which espoused the following grounds.
1. It is respectfully submitted that applicant filed his appeal within the stipulated regulatory period, however prison authorities responsible for the conveying of the papers delayed the process. There are no issues with the reasons for the delay.
2. It is respectfully submitted that applicant’s conviction in the court a quo... More
