: When these matters first came before me on 18 July 2013, Mr Mpofufor the respondents sought a postponement to enable the respondents to attend to a host of house-keeping issues which were then outstanding. In particular, the respondents desired to submit bonds of security in terms of r 66 (1) of the High Court of Zimbabwe Rules, 1971 in order to meet the summary judgment applications. Although the application was strongly opposed by Mr Mazonde who appeared for the applicant, I granted the application as it was apparent that Mr Mpofu was not ready to argue the matter and... More
In case No. EC 05/23 the appellant is CCC. The first respondent is ZEC; the second respondent is Busani Sithole; the third respondent is Mandlenkosi Tshuma; the fourth respondent is Cephas Ncube; the fifth respondent is Lovemore Banda; the sixth respondent is Sambulo Maphosa; and the seventh respondent is One Ncube. The second to the seventh respondents have been declared duly nominated candidates for various wards representing CCC in the Nkayi RDC in the forthcoming 23 general elections. The appeals are against the decisions of the Nomination Courts declaring the respondents duly nominated candidates for various constituencies and wards representing... More
These three matters were consolidated at the Pre-trial Conference stage.
Because all three raised similar issues, largely involved the same parties and called for evidence from the same witnesses the consolidation for the purposes of a single trial was clearly justified. More
As the two matters involve the same subject matter they were consolidated for purposes of this trial. The determination of HC 8866/14 automatically determines the outcome of HC 8193/14. Although in HC 8866/14 Innocent Paradzayi Makwiramiti (Mr. Makwiramiti) sued 6 defendants it is only Solomon Sigauke (Mr Sigauke) who defended the matter, so he is the only defendant in that matter. So these two cases HC 8866/14 and HC 8193/14 involve Mr. Makwiramiti and Mr. Sigauke only. More
This judgment relates to the appeals filed by the four appellants against the decision of the Nomination Court to reject their nomination for the Vungu National Assembly Constituency, the Gokwe Central National Assembly Constituency, the Gokwe Chireya National Assembly Constituency and Gweru Urban National Assembly Constituency, respectively. All the appeals raised the same issues and so were consolidated with the consent of the parties. More
The dispute relates to a contract of employment wherein respondents allege breach of a contract of employment by failing to pay wages and salaries. Matter was taken to an arbitrator who granted an award on 23rd October 2012. For some unknown reason the award was quantified in November 2015. The matter had been heard in January 2012. Therefore, the cause of action was complete in January 2012 when the respondents were fully aware of the facts constituting their cause of action. More
In 1996, Mr Earnest Taurai Rambayi (whom I will from now on call Taurai) made a ludicrous decision. He sold his land in the prime location of Harare Central Business District. He must have immediately regretted his decision because soon after the sale he attempted to resile from it. Among other reasons for his repudiation of the contract he alleged that his wife had chided him and refused to approve the sale. When the purchasers of the property held him to the agreement Taurai remained intransigent. Unfortunately, his wife’s name did not appear on the title deed of the property.... More
The three records of proceedings came to the High Court through referral by scrutinising regional magistrates in terms of s58 (3) of the Magistrates’ Court Act [Chapter 7:10]. The records were separately placed before two other judges and me. After a discussion, the judges were of the view that the concerns arising from the proceedings were similar. It was therefore prudent to address them in a composite judgment. More
The applicants filed separate court applications which we consolidated at the request of the applicants because it was convenient to do so.
The applicants were jointly charged with Joshua Chifamba in a trial pending before the 1st respondent. They appeared before the Anti-Corruption Court sitting at Harare Magistrates Court. The three were jointly charged with the crime of criminal abuse of duty as public officers as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The counsels for the applicants in Case HC 4304/18 by letter dated 29 June 2018 requested that the two matters be consolidated and be heard at the same time. The request was not opposed and it was granted. More
The above matters were placed before me on automatic review in terms of s 57 (1) and (4) of the Magistrates’ Court Act, [Chapter 7:10]. I have decided to consolidate the reviews because the cases were heard before the same regional magistrate. More
The two matters came before me by way of automatic review. Since they were dealt with by the same magistrate and have a common flaw it is convenient to deal with the issue in one judgment. More
The two applications were filed separately. The first one was filed on 12 October 2023 under case number HCH 6684/23. The second application was filed on 16 October 2023. They are both urgent court applications for a declaratur and consequential relief in terms of s 14 of the High Court Act [Chapter 7:06]. At a case management meeting held on 17 October 2023 all the parties to both applications consented to the consolidation of the two applications for them to be argued as one. That agreement stemmed from the realization and acceptance that
the cause of action was the same... More
: the accused aged 23 and 22 years old respectively appeared before the trial magistrate on guilty plea in terms of S271(2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. They were charged with stock theft as defined in s 114 (2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The details of the charge were that on 28 October, 2020 at Mukodzongi village, Chief Negomo, Nzvimbo the two accused unlawfully opened the complainant’s cattle pen and drove away one ox and put it out for sale. A prospective buyer alerted the police when the accused... More
The two records of proceedings in these two cases where dealt with by the same Magistrate at Harare Magistrate Court on 16 and 17 March, 2021.
In case number HREP1700/21 the accused pleaded guilty to the offense of theft as defined in s113 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] ( the code). The admitted facts where that on 10 March, 2021 the accused stole a Samsung phone handset from the complainant’s phone repair shop. The phone was not recovered. The theft occurred at Chiremba Shops in Epworth. The accused was sentenced to 15 months imprisonment with... More
