On 18 September 2020 the appellant was convicted of the offence of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was duly sentenced to 12 months imprisonment of which 3 months imprisonment were suspended for 5 years on condition the appellant does not commit any offence involving assault for which he is sentenced to imprisonment without the option of a fine. Effective 9 months imprisonment. His co-accused both minors both had passing of sentence postponed. Dissatisfied with the sentence only the appellant lodged the present appeal with this court.... More
Plaintiff married defendant at Mutare in terms of the Marriage Act, [Chapter 5:11] on 30 August 1994. On 13 June 2017 he caused summons for divorce and ancillary issues to be issued. There are no minor children. Parties agree that the marriage relationship between them has irretrievably broken down to an extent that there is no hope of restoration of a normal relationship. During the duration of the marriage the parties acquired an immovable property being Stand 5216 Zimta Park, Mutare. The parties have agreed that in the event of a decree of divorce being granted by this court the... More
This is a chamber application for dismissal of a court application for want of prosecution in terms of r 59 (16) (b) of the High Court Rules, 2021. The said rule gives this court a discretion to dismiss a court application where an applicant has failed to set down a case after the period of month has elapsed after the filing of an answering affidavit. More
The applicant approached the court seeking for eviction of the respondents, its former employees. The respondents opposed the application on the basis that the applicant had not fulfilled a condition precedent to the eviction in terms of the law in particular SI 116/2014. The respondents argued that their terminal benefits were still outstanding. More
This is a civil appeal against the whole judgment of the Magistrate’s Court sitting at Mutare on 4 December 2019, where the court dismissed an application for eviction of the respondent from a communal home and farming land situated in Manyanya Village under Chief Marange in Manicaland. More
