This matter appeared before me as a review application of criminal proceedings before the Honourable Magistrate Guwuriro. The applicant had been convicted by the court a quo for contravening s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant was sentenced to 3 years imprisonment, 1 year of which was suspended for 5 years, and 4 months were suspended on condition of restitution of $40.00. Thus, the applicant was effectively to serve 20 months. He approached this court by way of a review to have the conviction quashed and sentence set aside. The basis for this application... More
The background facts to this matter are that the late Stephen Nduna Gwenze Masaire was the holder of title in a property known as “Remaining Extent of Lots Numbers 182, 183, 184 and 185 Block C, portion of Hatfield Estate measuring 1,7657 hectares” registered under Deed of Transfer 1371/80. Sometime in 1991 he applied for and was granted a subdivision permit in respect of this land. The proposed subdivision was meant to create two properties from the original property, namely Stand Numbers 909 and 910 Hatfield Township. More
is an application for Condonation for the late noting of an appeal.
The factors to be taken into consideration in an application such as this are the extent of the delay, the reasonableness of the explanation for the delay and the prospects of success see General Kodzwa v Secretary of Health and Another 1999 (1) ZLR 313 (S). I propose to consider the said factors in relation to this case. More
Appellant’s grounds of appeal as per his Notice of Appeal are that:-
The Respondent’s General Manager erred on point of law in;
(a) Finding that Appellant was guilty of theft a charge which is not supported by the facts.
(b) The decision to dismiss the Appellant was predetermined.
(c) Appellant guilty when the hearing was held n contravention of the Code of Conduct and was marred by irregularities namely:-
(i) Appellant was never given an opportunity to
listen to the testimony of the witnesses who testified in his absence.
(ii) Appellant was never afforded an opportunity to
cross-examine the witnesses.... More
The background is that, in October 2017, the Master of the High Court advertised a judicial sale of the property known as Lot 1 of Lot 15 of Makabusi situate in the District of Salisbury, measuring 4047 square metres held under Deed of Transfer Number 7675/1997, otherwise known as Number 15A Ashburton Avenue, Chadcombe, Harare (“the property”).The said property was sold in execution on 3 November 2017 and the second respondent was declared the highest bidder on 7 November 2017.Subsequent to that, the second respondent was confirmed as the purchaser after the applicant failed to object to the sale in... More
This is an appeal against the decision by the Respondent’s Chief Executive Officer dated 25th November, 2013, which decision confirmed an earlier decision by the Hearing Committee to dismiss Appellant from employment.
The material background facts are as follows:
The Appellant was employed by the Respondent as a truck driver. On the 11th of October 213 he left Harare on a trip to Zambia. He returned on the 29th of October 2013. He had been given a full tank of diesel and 150 litres header tank for the trip. Upon his return from the trip he had a shortfall of... More
In March 2020, respondent issued summons in the magistrates’ court against the two appellants claiming payment of a sum of $300 000 being general damages for malicious arrest and prosecution at the instance of the two appellants. More
: The appellant was an aspiring Presidential candidate in the 29 March 2008 harmonized elections. On the 15th of February 2008, he presented his nomination papers, to the 1st respondent who refused to accept them. He alleges that he arrived at the Nomination Court at around quarter to four while another aspiring candidate Advocate Justin Chihota was being attended to. He approached the 1st respondent who told him to await his turn as he the 1st respondent was attending to another candidate. He alleges that in spite of his having been asked to await his turn he was eventually told... More
On the 22nd of July 2022 the plaintiff sued out summons out of this court seeking US$23 600-00 in damages against the defendants arising from a road traffic accident that took place at the 84km peg along the Harare Chirundu Road. The claim is broken down as follows,
1. US$ 10 800 -00 being replacement value of a damaged motor vehicle a Mercedes Benz C200.
2. US$1 800 -00 for medication and allied costs.
3. US$260-00 being cost of towing the motor vehicle incurred by the plaintiff.
4. US$6 000-00 for pain and suffering incurred by plaintiff.
5. US$5 000-00... More
The will of the testator was invalidated by his subsequent marriage to second respondent. Section 14 of the High Court Act [Chapter 6:06] grants the High Court power to enquire into and determine any existing, future or contingent right or obligation upon application by an interested person. Section 30(1) of the Administration of Estates Act [Chapter 6:06] provides inter alia that letters of administration granted to a person as testamentary executor are subject to revocation or annulment upon proof to the satisfaction of the High Court that the will is null. More
The applicant raised a preliminary issue in these proceedings that the application was opposed as the person who filed the opposing affidavit did not provide proof of the capacity in which she deposed to the affidavit. It was argued further that she had no authority to depose to the affidavit. More
At the onset of the appeal the respondent raised points in limine. In response to the same appellant indicated to the court that he had preliminary points to raise before he could respond to the points by the respondent. In that regard the court allowed that the appellant addresses it first on the points that it has. The appellant took 3 points in that the form used did not bear the inscription LC 2, that the response and the Heads of Argument are out of time by about 2 months. The respondent conceded the omissions but sought the court’s indulgence... More
This is an application for review.
The background is that the applicant was employed by the Respondent before charges of non-compliance with established procedures/standing instructions, making false report or giving false statement or evidence, and neglect of duty were levelled against him. More
On 3 February 2014 under Case No HB 158/13, the High Court sitting at Bulawayo convicted the applicant of murder with actual intent to kill. After finding that there were no extenuating circumstances surrounding the commission of the offence, the court passed a sentence of death. More
This is an opposed court application. The relief sought by the applicant is that the sale in execution and transfer of stand 12038 Bulawayo Township of Bulawayo Township lands situate in the district of Bulawayo and also known as number 8 Annie Morris Road, IIanda, Bulawayo (the property) in favour of the 3rd respondent be set aside as null and void and title in the property revert to the names of the applicant; that the 5th respondent be ordered and directed to facilitate the registration of the property in the name of the applicant; and respondents pays costs only if... More
