The history of this matter is that on 12 June 2015 Mrs Justice KUDYA struck off the roll on application for condonation of the late noting of an appeal by the applicants under Case No LC/H/APP/1008/14. The application for condonation was struck off because the applicants had filed the application for condonation of the late noting of appeal whilst there was pending application to amend that appeal. This application to amend the appeal has since been withdrawn as shown by Annexture “C”. The applicants have now brought this application for reinstatement of application for condonation for late noting of appeal. More
On 23 February 2022 we dismissed an ex tempore appeal by both appellants and gave reasons in court for such a dismissal. Three months later Messrs Gonese and Ndlovu Legal Practitioners wrote a letter dated 6 June 2022 which was drafted as follows: “Can we please be provided with the Reasons for the judgment as soon as possible.” The record was placed before me on 23 June 2022. It is not clear where it was from 7 June 2022 to 23 June 2022. It is also not clear what the appellants’ legal practitioners were doing from 23 February 2022, yet... More
1. This is an application for review made in terms of section 26 as read with section 27 (1) (b) and (c) of the High Court Act [Chapter 7:06]. Applicant seeks an order couched in the flowing terms:
i. The decision of the respondent in State v Constable Chrispen Tshuma of 25 March 2019 be and is hereby set-aside.
ii. The decision of the respondent is substituted as follows: the defaulter is hereby found not guilty and acquitted.
2. The application is opposed. More
This is an application for the review of the decision of the first respondent delivered on 10 September 2019 under CRB No. 294-96/19, in terms of which the applicant’s application for discharge at the close of the State case was dismissed. The facts are that on the 24 April 2019, the applicant (as 1st accused, Norton Town Council as 2nd accused and Israel Isheunesu as 3rd accused) appeared before the first respondent answering to the charge of culpable homicide as defined in section 49(b) of the Criminal Law (Codification and Reform) Act (the Code). More
This an application for rescission of a default judgment granted by this court on 28 October 2009 in case No HC 3672/09.
The background to the application is that the respondent entered into an oral lease agreement with a satellite church of the applicant in Mufakose to lease Chidziva Building, Mufakose (the premises). One Stowell Mupanguri, the applicant’s Deputy Governor responsible for finance negotiated the agreement on behalf of the applicant. The satellite church took occupation of the premises on 15 November 2008. It failed to pay rent leading to the respondent issuing summons on 14 August 2009 in case... More
On 22 February 2024 this court dismissed with costs on the ordinary scale an application for review, which application had been filed by Christ Ministries High School against Edwin Chikuni its former employee and Cleopatra Mhariwa the Designated Agent. Upon pronouncement of the decision the court advised the parties that they were free to request for full reasons for the decision if they needed them. The school has through a letter under the hand of its lawyers stamped 19 March 2023 requested for the reasons of the order of 22 February 2024. More
This is an application for a joinder in terms of Rule 32(12)(b) of the High Court Rule, SI 202/2021.The applicant intends the City of Harare to be joined to the proceedings in case number HC 6412/22. More
This is an application for review of the taxing officer’s decision in assessing costs in HC 31/14.
The gist of the application is premised on the issues stated in paragraphs 4 and 5 of the founding affidavit which reads thus:
“This is an application in terms of Order 38 Rule 314 for the review of the decision of the taxing officer in relation to the taxation of the bills of costs in the matter HC 31/14 …” More
Applicant seeks an order, on by way of review, firstly, setting aside the appointment of the second respondent, his step-mother, and widow of the late Petros Peter Katsande, as executrix dative in the estate of the late Petros Peter Katsande. Secondly he seeks an order appointing a professional person to the office of executor in the estate of the late Petros Peter Katsande. More
The plaintiff and defendant were joined in holy matrimony in terms of the Marriages Act, [Cap 5:11] on 8 January 1988 at Harare. Their marriage subsists. Their marriage was blessed with two children who are now adults. More
In this application, the applicant seeks a declarator that she is the lawful occupier of a farm known as subdivision 1 of the remainder of Umfulia in the District of Chegutu (“the farm”), that the first respondent has no right, title or interest in the said farm and as such all those claiming through him should be barred from tilling the land and be ordered to vacate the farm. She also seeks attorney and client costs. More
The applicant seeks an order in the following terms:
“1. That the High Court Order of divorce in case No HC 9097/99 dated 23 May 2001 be and is hereby varied by the deletion of paragraph 2 and the substitution in its place of the following:
2. That plaintiff shall be sole guardian and sole custodian of the minor child Tina Erasmus (born on 10 February 1999)”
The application is opposed. More
On 12 April 2019 after hearing counsel I delivered an ex tempore judgement and granted the following order;
“IT IS ORDERED THAT :-
1. The appeal be and is hereby upheld.
2. The appellant is admitted to bail pending trial on the following conditions;
a) That the appellant shall deposit the sum of $500.00 RTGS with the Clerk of Court at Chipinge Magistrates Court.
b) That the appellant shall continue to reside at No. 95 Mcnaughton, Southerton, Harare until this matter is finalised.
c) That the appellant shall report at Southerton Police Station every Friday between 0600 hrs and 1800... More
