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
This judgment is rendered pursuant to an application for absolution from the instance made by the defendants at the close of the plaintiffs’ case. The plaintiffs’ claim is multifaceted, arising from Debt Recovery Joint Venture and Management Agreements (the joint venture agreements) between the plaintiffs and the defendant. The defendants are alleged to have breached that joint venture agreements in numerous ways. More
In 1999 the applicant herein entered into an agreement of sale in terms of which he purchased an immovable property from the estate of the late Johanna Maria Fransisca Logan as represented by the executrix testamentary of the estate. The immovable property, described as Stand 382 Good Hope Township of Subdivision B of Good Hope, was transferred to the applicant in April 2007 by deed of transfer number 1597/2007. More
: Through a s 5 notice which was issued in terms of the Land Acquisition Act, Government compulsorily acquired Sub-division A of Lendy Estate (“the farm”) which measures 2780.97 hectares in extent. Prior to its acquisition by Government, the farm belonged to the applicant which is a legal entity. It was acquired on 12 July, 2002. A portion of the farm falls within the boundaries of the municipality of Marondera, according to the applicant. More
The Appellant was employed by the Respondent in 1995 as the Administrative Manager. In 1999 he was appointed to the position of General Manager Bulawayo Makro Store. In 2003, he was transferred to Harare as General Manager for Mukuwisi Store. More
Appellant worked for Respondent as Hospital Administrator in Chipinge. He was dismissed from employment after being found guilty of misconduct by the disciplinary authority. He appealed but the appeals authority dismissed the appeal. Appellant then appealed to this Court in terms of section 92D of the Labour Act Chapter 28:01. More
