This is an appeal against the whole judgment of the Magistrate’s Court sitting at Mutare on 9 September 2020 where the Magistrate dismissed an application filed by the Appellant for Rescission of a default judgment.
The appeal is opposed.
FACTS
On 27 January 2020 the Respondent instituted summons against Appellant claiming $200 000-00 adultery damages. On 16 June 2020 Respondent applied for default judgment which was granted by the Provincial Magistrate. Appellant had been served through his wife on 18 February 2020. On 7 July 2020 a warrant of execution was issued in favour of the Respondent. More
The appellants have approached this court on an appeal against refusal of bail by the magistrates court. The appeal is opposed by the respondents.
The appellants were arraigned before the magistrates court facing allegations of unlawful dealing or possession of dangerous drugs as defined in s 156(1)(a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] in that they were arrested by police in possession of 60kg of dagga. Secondly appellants were charged with contravening s 25(2) of Statutory Instrument 10 of 21 in that the appellants were disregarding curfew regulations when they were apprehended at 2000 hours. More
This is an application for a compelling order brought about by the applicant seeking the following relief:
“IT IS ORDERED THAT:
1. Applicant and those claiming possession through him is hereby declared to have peaceful and undisturbed possession of land commonly known as subdivision 10 Merion Farm in Makoni District, Manicaland Province measuring approximately 125.20 hectares.
2. First Respondent and all those acting under her are hereby ordered to abide by the boundaries as established and determined by second and third Respondents, and to vacate, remove and demolish all erected homesteads and other immovable structures from the established legal boundaries... More
On 6 June 2019 the plaintiff initiated court proceedings by issuing summons against Mt Selinda High School and its responsible church authority, United Church of Christ in Zimbabwe as co-defendant claiming payment of US$29 384-00, interest at the prescribed rate and costs of suit on an attorney-client scale. More
