On 19 October 2017 respondent issued summons against the appellant praying for the eviction of the appellant and all those acting through him from Machapuya Village, Chipangara Township, Chikore, Chipinge. He also claimed holding over damages of $200-00 per month from the date of summons to date of eviction, he also wanted the court to grant him vacant possession of the Machapuya Village and costs. Respondent brought the action against the appellant in his personal capacity as the executor of the estate late Luke Zemutsa and Julia Mwero Kudhlande who died in 2010. Respondent was appointed executor of the estate... More
The appellant was convicted and sentenced for unlawful possession or dealing in precious stones. The facts forming the charge and conviction are that on 5 May 2018 the appellant was searched by the police and was found with pieces of diamond in his pocket. The appellant was convicted after a protracted trial for contravening s 3 (1) as read with s 3 (2) (b) of Precious Stones Trade Act [Chapter 21:06]. The appellant was sentenced to the mandatory sentence of 5years imprisonment. Dissatisfied with the finding of the court a quo the appellant lodged the present appeal. More
This judgment relates to two appeals which the appellant filed before this court against the decisions of the Magistrates Court siting at Mutasa, one being under HCMTC 40/25 (hereinafter called the first matter) and the other being under HCMTF 57/25 (hereinafter called the second matter). Both decisions were in favor of the respondent and the issues arising are related to the extent that the two matters were consolidated for purposes of the hearing and it is also conv More
A fire broke out at 100 Hauna Growth Point (hereinafter called the business premises) premises owned by the first plaintiff. First plaintiff rented out the business premises to second plaintiff and defendant. The fire caused destruction to the business premises and movable property and fittings belonging to both first and second plaintiffs. The plaintiffs allege that the damage was caused by defendant’s negligence. Plaintiffs proceeded to issue summons against defendant for damages arising from the destruction caused by the fire to the building itself and the value of the destroyed building and value of the destroyed moveable property and further... More
Second defendant (BH Drury) is a title holder of stand 2427A Umtali Township, also known as No. 17 Aerodrome Road, Mutare, the property measures 1364 square metres.
In 2009 first defendant acting on behalf of second defendant sold the property to the plaintiff and entered into an agreement of sale. The purchase price was US$80 000 and the plaintiff contends that it paid in full in 2009. Plaintiff has been a tenant at the property in question from 1999 and upon payment of the purchase price in 2009 it ceased to pay rentals to first defendants. More
