The two matters HC 6353/21 and 6649/21 were consolidated with the consent of the parties. I invited the parties to file supplementary heads of argument addressing the opposition under HC 6649/21. More
This matter is a consolidation of two cases HC 1380/20 and HC 1381/20 the parties of which are the same. In both matters, rescission of judgment is being sought. In HC1380/20, the applicant seeks the following relief:
1. The rescission of the judgment in HC 4945/18.
2. The joinder of the Applicant in Case No. HC 4945/18
3. That the 1st Respondent serves the Applicant with a copy of the application and founding affidavit in HC 4945/18 within 4 days from the date of this order being granted.
4. That Applicant is granted 10 days within which to file its... More
1. These are three chamber applications which were consolidated in terms of rule 34 of the High Court Rules, 2021. The applicant seeks confirmation of provisional orders granted on the 3rd April 2022. The applications were filed in terms of section 5 of the Title Registration and derelict Lands Act [Chapter 20:20]. More
The plaintiffs are praying for an order against the defendants to the effect that the agreements of sale be and are hereby cancelled. That the fourth defendant be and is hereby restrained from effecting transfers in terms of the agreements. That the 2nd defendant bears costs on the higher scale of client- attorney. More
By consent of both parties the two matters were consolidated as they deal with the same issues and relate to the same respondents. Although both matters were filed as urgent chamber applications, the resolution of the matter delayed partly due to some attempts to engage and reach an out of court settlement. The efforts unfortunately did not make headway. More
This Court is seized with two applications which have been consolidated. The first application (case number HC 584/2020) sought the setting aside of an arbitral award, while the second application (case number HC 366/2020) sought the registration of the same award. More
On 21 July 2021 after hearing arguments from counsel we proceeded to deliver an extempore judgement. The resultant order issued was as follows;
"It is ordered that the appeals in respect of sentence in both matters CRB CA 75/20 and CA 76/20 be and are hereby dismissed for lack of merit." More
The above two matters raise the same issues. The matters were placed before me as applications for disposal orders in terms of Section 107 of the Labour Act [Chapter 28:01]. The matters were both opposed. They were initially set down for hearing on Wednesday 15th November 2021, but due to COVID 19 restrictions the hearing was deferred. The parties were requested to file written submissions. The Applicants and 1st Respondents in both matters duly complied. No papers were filed on behalf of the 2nd Respondent. This judgment is largely based on the written submissions. More
This judgment disposes of two matters dealing with predominantly the same parties and the dispute relates to the same piece of land.
At the centre of these two urgent chamber applications is a dispute in respect of a certain piece of land situate in the communal land of Madicheche, Pfungwe under Chief Chitsungo herein after referred to as the mining location. John Mahudu ‘Mahudu’ is the applicant in HC 89/21. He alleges that the land is part of his field and it is currently under cultivation. Mahudu discovered some gold deposits in the field. Together with some partners Mahudu constituted... More
This is an application for leave to appeal against a judgment by my brother MATHONSI J handed down on 14 June 2018. That judgment HB 147/18 being in respect of case number HC 2606/17. The applicant had sought condonation for the late filing of his notice of appeal against a judgment by KABASA J of the labour court. Apparently, the applicant had earlier in case number HC 2016/16 made the same application before my brother MAKONESE J who struck the matter off the role on 21 September 2017 as it was improperly before the court. It had been filed out... More
The applicants were placed on remand jointly charged on one countof armed robbery as defined in s126 of the Criminal Law (Codification and Reform) Act (Chapter 9:23 ) and one count of unlawful possession of a firearm without a licence in contravention of s4(1) of the Firearms Act (Chapter 10:09). They applied for bail pending trial separately. For convenience, the two records were consolidated by consent for the purposes of disposing of the application. More
The above two matters where both heard on appeal on 7 October 2019. The subject matter and facts giving rise to the appeals are the same. The grounds and heads of argument are exactly the same with just the necessary changes and they are subject of the same arbitral award granted by the same arbitrator and registered by the same Magistrates’ Court sitting at Kwekwe. For that reason, I have combined them for purposes of this judgment. More
The above two applications have been consolidated only for purposes of preparing one judgment that disposes of both applications. The motivation for the consolidation is based upon the considerations that both applicants are co-accused in case No. Harare Magistrates court CRB 4105 – 4113/15 wherein they were arraigned for trial with six other co-accused. They are also co-applicants with their co-accused in case No. HC 4098/19 wherein they seek a review of the criminal proceedings. More
The above record of proceedings pertain to trials presided over by the same magistrate at Murehwa Magistrate Court. They suffer from the same irregularity of a procedural error which vitiates the proceedings. In all the cases, the accused persons were convicted on their own pleas of guilty purportedly done in terms of s 271 (2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07] . When the records were initially placed before me to review in July, 2021, I raised in respect of each record of proceedings, a similar query on whether or not the trial magistrate had complied... More
