The appellant was charged with contravention of s 65(1) of the Criminal Law Codification and Reform) Act, [Chapter 9:23] it being alleged that he unlawfully had sexual intercourse with complainant without her consent as at the time complainant was drunk and asleep. Despite pleading not guilty to the charge and claiming that the sexual intercourse was consensual appellant was convicted of the charge and sentenced to 12 years imprisonment, 4 years of which were suspended for 5 years on conditions of good behaviour leaving an effective sentence of 8 years imprisonment More
This is an application in which the applicant seeks a declaratur to be declared a legitimate beneficiary (per stirpes) in his late grandfather, Edward Nyanyiwa’s estate. He died on the 10th of February 2019. Terence Nyanyiwa, applicant’s father was a child of the late Edward Nyanyiwa, the latter whom he predeceased. Terence Nyanyiwa and Julia Ruzvidzo bore the applicant on the 22nd of December 1987. Both parents died when the applicant was still in primary school. At that time they had separated his mother having left his father some time in 1989. It is applicant’s assertion that throughout his entire... More
CHAREWA J: This is an application for joinder of the applicant as a party to the proceedings in HC 4080/16 on the grounds that as the provisional judicial manager of Tetrad Investment Bank Limited (the bank), it has a direct and substantial interest in the outcome of those proceedings as 2nd respondent is a wholly owned subsidiary of the bank whose every activity is controlled by the bank and of which the bank is a 100% shareholder. Further, 2nd respondent is not a trading company but was set up by the bank for purposes of holding the assets of the... More
This is an application for rescission of judgment in terms of Rule 449 (1) (a) of the High Court Rules, 1971. Rule 449 (1) (a) provides as follows:
“449 Correction, variation and rescission of judgments and orders
(1) The court or a judge may, in addition to any power it or he may have, meru motu or
upon the application of any party affected, correct, rescind or vary any judgment or
order-
(a) that was erroneously sought or erroneously granted in the absence of any
party affected thereby; or
(b) …………………….
(c) ……………………..” More
This is one of those cases in which the maxim the law does not assist the sluggard can be aptly invoked. The claimant purchased a four roomed house in Kuwadzana in November, 2009 from one Langton Mwarazi for $10 000-00 which was fully paid. For various reasons which do mot legally excuse the delay, the property did not find transfer into the claimant’s name. In November, 2011 that property was attached by the deputy sheriff (applicant) to satisfy a judgment which the judgment creditor had obtained against Langton Mwarazi. This prompted the claimant to institute these interpleader proceedings claiming ownership... More
This is an application for an interpleader process. The applicant in pursuant to a writ of execution issued by this court in case number HC 1953/12 attached and removed ten beasts from the judgment debtor’s premises. Thereafter the applicant received an affidavit from one Memory Kuhlengisa a representative of the claimant claiming ownership of such ten beasts. In her affidavit the said Memory Kuhlengisa claimed that the beasts were owned by the claimant and not by the judgment debtor. That led to applicant making this application. More
On 16 September 2010 the Honourable C Mesikano issued an arbitral award in favour of Christopher William Barnsley, herein referred to as the judgment creditor. The award was for payment of a total sum of $61 879-00. The respondent in the dispute was Harambe Holdings (Pvt) Ltd. Pursuant to that award, the judgment creditor applied to this court for the registration of the award in accordance with the provisions of s 98 (14) of the Labour Act [Cap28:01.] This court then issued an order under case No. HC 6651/11 and registered the award as an order of court. Pursuant thereto... More
: These are interpleader proceedings brought by the applicant, the Deputy Sheriff of Harare, in terms of Order 30 r 205 of the High Court Rules, 1971. More
: The dispute in casufound its way to court by way of interpleader. Here are the facts: the judgment creditor (Electrical & Pulley) obtained a judgment in its favour in case No HC 4786/06 against Shamu Trading and Investment (Private) Limited, William Oliver Shamu, George Leonard Shamu and Cephas Leonard Shamu. Also common cause is that the claimant (Shamu Pen Tip) was not a party to the said judgment. Electrical & Pulley issued out a writ of execution in HC 4786/06 against the debtors therein. In executing that writ, the Deputy Sheriff attached certain piece of land in the district... More
In the execution of his duties in pursuance of a writ of execution issued out of this court, the applicant placed under attachment certain items of property. This was in the matter involving Hope Tembo and Morayford Investments (Pvt) (Ltd) and ArtherMutasa HC 8415/2011. More
The need for the legal profession to reclaim and assert its position as a profession which was matched only by consecrated priesthood requires continuing introspection and thorough training on ethical standards. I have been constrained to write a judgment in this matter in a request for a postponement because of the circumstances of the case. Having heard the parties, I made an order which appears below, and indicated that my written reasons would follow. These are the reasons. More
In pursuance to a writ of execution granted by this court in case number HC 12338/11, the applicant on 16 May 2012 attached and removed the following assets from respondent’s premises; More
The papers before me show that the claimant was served with the court application and in terms of the rules, if it was desirous to oppose the matter, it should have filed opposing papers. It did not. More
The judgment creditor obtained judgment against Webster Ngwaru and Confuels (Pvt) Ltd in Case No. HC 2122/10 on 1 December 2010 in the sum of US$364 434 together with interest and costs of suit. More
This matter came before me by way of an interpleader notice issued by the Deputy Sheriff of Harare in terms of Order 30 of the High Court Rules 1971. In his notice, the Deputy Sheriff advised that on 12 April 2006, he attached the sum of $694 803 288-36 (old currency) in account No. 0830137660107, in the name of Safety Shield (Private) Limited, held with the third claimant. The attachment was at the instance of the second claimant who holds a judgment of this court against the directors of Safety Shield (Private) Limited. After the attachment, the first claimant filed... More
