This is an appeal against the whole judgment by the Provincial Magistrate sitting at Mutare on 23 March 2020 where he granted an absolution from the instance in favour of the respondents where the appellant was seeking an order for eviction against them.
The appellant outlined his grounds of appeal covering three pages which need no repetition. Serve to mention that the grounds of appeal are all repetitive, argumentative and vague. As a result the respondents justifiably raised three points in limine as follows: More
On 24 July 2024 we dismissed an appeal brought up by the appellant with an order of costs. Appellant then asked for our reasons for such a decision. We now avail the reasons.
FACTS
On 8 March 2016, the respondent, City of Mutare made a court application at Mutare Magistrate’s Court suing Manicaland Theatre Association of Performing Arts as first respondent, Henry Tsopotsa as second and Caroline Mapungwana as third for eviction. The application for the trio’s eviction was premised on the fact that first respondent also known as Courtauld Players had dissolved and formally returned the property to City... More
The applicant has approached this court seeking to be admitted to bail pending trial in terms of s 117A of the Criminal Procedure and Evidence Act [Chapter 09:07]. He is facing a charge of robbery contrary to s 126(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. In terms of s 50(1) (d) of the Constitution of Zimbabwe, the applicant has a constitutional right to be admitted to bail. He should be denied bail if there are compelling reasons to show that his admission to bail will defeat the interests of justice. More
On 20 March 2020, plaintiff issued summons against the defendant claiming an order for divorce and ancillary relief. The defendant filed an appearance to defend and plea and the matter proceeded to pre-trial. At the pre-trial hearing, it was clear that the marriage relationship had irretrievably broken down and there was no prospect of its restoration. There was no dispute as to the custody of the minor child of the marriage. The plaintiff conceded to all the defendant’s demands regarding matrimonial property. The only two sticking issues were maintenance and access in respect to the child. These were referred to... More
This is an application for bail pending trial. Both applicants are being charged with an offence of Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and the application is opposed by the state. More
