On November 2021 Wisdom Chinongwa, applicant’s driver was arrested near Mary Mount Teachers College conveying smuggled goods. He and the owner of the goods were prosecuted, convicted and sentenced. The goods and the motor vehicle were seized. Wisdom Chinongwa and applicant made representations to Zimra officials for the release of the motor vehicle but did not succeed. On 23 February 2022 the Commissioner General advised applicant of the forfeiture of the Toyota Granvia to the State. Aggrieved by that letter of forfeiture, applicant decided to lodge the application to this court. More
: On 24 October 2003 the then Minister of Lands, Agriculture and Rural Resettlement, Honourable Dr J. M. Made (MP) issued an offer letter to the appellant for Subdivision 11 of Coldstream Farm, in Makoni District of Manicaland Province measuring 53 hectares in extent. Attached to the offer letter were conditions generally applying to the offer of land under the Zimbabwe Land Reform and Resettlement programme (Phase 11, Model A2 Scheme).
On 25 September 2008 appellant and respondent entered into a swap agreement where the appellant swapped Subdivision 11 of Cold Stream Headlands. It is not clear as to the... More
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
