This is an application for review where the applicant is seeking the following:
“IT IS ORDERED THAT:
1. The High Court should review the ruling from Rusape Magistrate Court of (sic) granting RTGS 5 0000 against a claim of US$ 50000 dated 26 may 2020.
2. Respondent to pay cost of this application”
The application is opposed more pertinently the first respondent contends that applicant does not allege any procedural irregularity on the part of second respondent’s conduct of proceedings which must be the legal basis for review in terms of s 27 of the High Court Act. More
Appellant instituted summons at Rusape Magistrate Court claiming $5000-00 from the respondent being general damages arising from the alleged unlawful destruction of appellant’s temporary structure constructed at No 7688 without a valid court order as well as for harassing appellant’s wife at the latter’s work place without appellant’s consent. After the issuing out of the summons the appellant served the respondent with various court processes and on 9 April 2019 appellant filed an application for default judgment. Unfortunately on 19 April 2019 the learned magistrate dismissed the application. Unamused by the dismissal the appellant noted an appeal on 16 August... More
On 15 August 2005 the respondent entered into a written agreement of sale with one Tendai Mutasa for the sale of property namely a rural homestead situated in Mwoyoweshumba Village in Watsomba constituted of a five roomed house, 2 thatched kitchen huts, a large field measuring 3 hectares and a utility blair ablution. After the respondent paid Tendai Mutasa, Tendai Mutasa introduced respondent to the village head who in turn endorsed and approved the sale of the improvements and entered respondent’s name into the village head’s register. The respondent clearly stated that he bought the structures/improvement at the homestead and... More
The applicant approached this court seeking a spoliatory relief, in other words, a restoration order directing the respondent to restore a motor vehicle which the applicant alleges was arbitrarily seized from him on 1 November 2019. The applicant was in possession of a vehicle namely Ford Ranger Registration number AEV 6196, Engine number SA2KPEP15708 and Chasis number AFAPXXMJ2PEP1570, before the respondents impounded the vehicle causing it to be parked at Mutare Central Police Station. The respondent is opposed to the application, in summary, on the basis that the seizure of the vehicle was lawful and that the vehicle in question... More
The appellant together with 3 co-accused were arraigned before the Magistrate Court Mutare facing a charge of contravention of s 368 (1) as read with s 368 (4) of the Mines and Minerals Act, [Chapter 21:05] “Prospecting for minerals without a permit or licence” the appellant together with another were tried and convicted after full trial while the other 2 co-accused were found not guilty and acquitted. The appellant and the co-accused whom he was convicted with were sentenced to 2 years imprisonment being a mandatory sentence. The appellant was dissatisfied by the conviction and noted an appeal with this... More
