Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
This is an application wherein the applicant seeks the following relief:- “1. The first and second respondents sign all documents and take all necessary steps (including obtaining the Master’s Consent) to pass transfer in favour of the applicants of the property being a certain piece of Land situate in the District of Salisbury, being Lot 1 of Subdivision A of Lot 18 of Greendale held under Deed of Transfer Number 5266/84. More

The seven applicants approached the court on/with an application for bail pending trial. The applicants are facing one count of public violence as defined in s 36 (1) of the Criminal Law (Codification & Reform) Act [Cap 9:23] and one count of murder as defined in s 47 of the same Act. It is alleged that on 26 May 2012 the applicants who are Zanu PF supporters acting with common purposes teamed up with other five Zanu PF supporters and being armed with logs and stones went and attacked MDC T party supporters who were attending a police sanctioned rally... More

The brief background to the application is given below. The applicant (judgment debtor) lost an appeal in the Supreme Court against a judgment of the High Court as a result of which the Supreme Court ordered inter alia that; “the plaintiff (1st respondent in casu)’s claim for eviction of the respondent and all those claiming occupation through him from number 12 Le Roux Drive, Hillside, Harare is granted. It is worth highlighting that by judgment of the Supreme Court aforesaid the applicant in casu had to be ejected from number 12 Le Roux Drive, Hillside, aforesaid”. Pursuant to the order... More

This is an application for condonation of late noting of an application for review sought to be brought in terms of Order 40 r 359. More

For purposes of this judgment, the parties shall be referred to as the applicants and respondents as cited in HC694/20, HC1689/20 and HC10007/19. I have made the decision to write an omnibus judgment in all four matters More

This is an application for rescission of a default judgment in terms of Rule 63 of the High Court Rules, 1971. More

This is an appeal against the judgment of the High Court (the court a quo) which dismissed the appellant’s appeal against conviction on 3 counts of sexually related crimes against minors. More

The appellant was convicted on two counts of contravening s 3 (1)(b) of the Sexual Offences Act [Chapter 9.2] and on one count of contravening s 7 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9.23]. On each count he was sentenced to 8 months imprisonment. Of the total 24 months, 12 were suspended on condition of good behaviour, leaving an effective sentence of 12 months. Dissatisfied with the conviction and sentence, the appellant noted an appeal to this court attacking both the conviction and the sentence. More

The plaintiff sued both the defendants for an order of ejectment from Stand 28401 Salisbury Township of Salisbury Township Lands otherwise known as 24 Barbara Tredgold Circle Mbare Harare (the Property) previously owned by the first defendant and purchased at an auction sale in execution in a matter wherein the first defendant was the judgement debtor. More

Plaintiff issued summons against the defendants claiming:- (a) An order declaring the agreements of sale by plaintiffs to 1st defendant of shares 20 and 21 Ascot Mews, Bulawayo to be null and void and of no force or effect whatsoever. (b) An order directing the 1st defendant and those who occupy through him to vacate shares 20 and 21 Ascot Mews, Bulawayo. (c) An order directing 1st defendant to pay occupational rental for share 20 and share 21 Ascot Mews, Bulawayo of USD2 000 monthly or its ZWL equivalent calculated from April 2018 to 31 May 2019 (the amount of... More

This is an oral application made in chambers at the instance of the plaintiff on the date set down for a pre-trial conference. Mr Sibanda, for the plaintiff, applied for the striking-off of the defendant’s defence as well as his counter-claim. He applied that the matter be referred to the unopposed court roll for the purposes of entering judgment as claimed by the plaintiff against the defendant. The basis of this application by the plaintiff is that defendant has no defence on the merits of the case, and that his counter claim has no prospects of success. Mr Sibanda referred... More

MOYO J: Plaintiff issued summons claiming:- a) an order declaring agreements of sale by plaintiffs to 1st defendant of shares 20 and 21 Ascot Mews, Bulawayo, to be null and void ab initio and of no force or effect whatsoever. b) An order directing the 1st defendant or those who occupy through him to vacate shares 20 and 21 Ascot Mews, Bulawayo. c) An order directing 1st defendant to pay occupational rental for share 20 and share 21 Ascot Mews Bulawayo of US 2000-00 monthly (or its ZWL equivalent) calculated from 1 April 2018 to 31 July 2019. d) An... More

In this application filed as an urgent chamber application the first applicant is director of the second applicant. The application was vouched for as urgent by a certificate of urgency prepared by Ngoni Ruzengwiwe a partner in the firm of legal practitioners representing the applicants. More

The first respondent obtained a default judgment against the applicant for want of filing a plea in case number HC 1271/12. It is not stated when that default judgment was granted or even when the applicant became aware of it. In execution of that judgment, the second respondent attached an aircraft allegedly belonging to a company called Aero-Precision in which the applicant is the principal director and shareholder. That aircraft is not registered in Aero-Precision’s name but in the name of Yankee India Syndicate. More

The plaintiff issued summons against the defendant claiming the sum of US$90 700-00 for damages for bodily injuries, suffered by the plaintiff while taking part in a bridging life skills and coaching programme offered and administered by the defendant. The injuries were sustained on 10 February 2014 at Lower Ncema Dam, Bulawayo. The plaintiff further claimed interest on the above sum calculated at the prescribed rate plus costs of suit. The defendant entered appearance to defence on 20 February 2017 and subsequently filed a special plea in terms of which it pleaded as follows: More