The background facts are contained in the affidavit of the applicants. All five applicants are erstwhile Workers of Bingaguru Farm in Makoni District, in Manicaland Province. Bingaguru Farm became a subject of land resettlement directly affecting the applicants, their families and livestock. Sometime in 2011 traditional leaders integrated them and allocated them plots of land for resettlement. Respondent then entered into a partnership agreement with Sports Leaders Institute of Zimbabwe wherein the local authority provided land to the organisation on 5 February 2020 and the Sports Institute took occupation and started to put structures at the site. Among other activities... More
When the parties appeared before me in this matter on 2 October 2024 for a pre-trial conference, it was apparent that there were two related points of law which needed to be settled before the trial could proceed as they had the potential of disposing of the matter without the need of considering the merits. Both parties in their pre-trial conference memorandums had identified the issue of whether the plaintiff’s claim was res judicata or not but the defendant had gone further to raise the issue of whether or not there was a valid cause of action by the plaintiff... More
This is an application for bail pending appeal. The brief background to the application has to be put into perspective. The applicant was arraigned before a Provincial Magistrate facing an offence of contravening s 45 (1) (b) of the Parks and Wildlife Act [Chapter 20:14] as read with s 128 of the said Act and further read with s 2 of the Parks and Wildlife (specially protected) regulations SI 72/2020. In that the applicant was in unlawful and intentional possession of Pangolin Scales weighing 1700 grams without a permit. The applicant pleaded guilty to the offence and was consequently found... More
The applicant approached the court through the urgent chamber book seeking a provisional order to interdict the Commissioner General Zimbabwe Republic Police and those acting under his instruction or command from conducting supervised postal ballot voting of any police officer. In the main the applicant sought a declaratur that the conduct of postal ballot voting of police officers of Zimbabwe Republic Police Ross Camp Bulawayo held on 12 July 2018 be declared null and void as it violated the constitution and applicable law. Further the applicant sought that the first respondent, Zimbabwe Electoral Commission (hereafter called ZEC) immediately organise, conduct... More
The applicant approached the court through the urgent chamber book seeking for an interdict pendente lite. The order sought seeks to restrain the respondents in particular fourth respondent from evicting and or disrupting the applicant’s farming activities at subdivision 11 of Chipinge West Annex pending the finalisation of proceedings under case number HC 52/18. More
