This judgment covers two urgent applications. The parties are the same. I shall refer to the first application as “the application.” In opposing the application, the respondent raised a counter-application, (hereinafter referred to as “the counter-application.) For convenience, the citation of the parties shall remain the same in both the application and counter-application. I will deal with the application and counter-application separately in this judgment. Both applications are fiercely contested. More
This is an application filed on urgency by a self-actor seeking an order in the following terms;
“INTERIM RELIEF:
a) An order barring and interdicting the respondents from disturbing or interfering with the applicant’s right to prospect minerals at Queensdale Farm in Kadoma.
b) An order directing the respondents to observe peace at the applicant and its assignees.
TERMS OF FINAL ORDER SOUGHT
1. It is hereby declared that the actions by the 1st respondent to disturb applicant from exercising its right to prospect and search for minerals at Queensdale in Kadoma is hereby declared unlawful.
2. 1st respondent to... More
This is an opposed urgent chamber application in which the first and second applicants seek the following relief:
IT IS ORDERD THAT:
1. The respondent and all those claiming occupation through him be and are hereby ordered to restore vacant possession of the mining location being a position of Queensdale Farm measuring 9 hectares with the following co-ordinates: 199925; 7958476; B0200125; 7958914; C0200278; 7958822; D0200115; 7958045; DP0200045; 7958510 to the applicants upon service of this order.
2. Respondent shall pay costs of suit More
The first and second applicants have approached this court on an urgent basis seeking the relief for leave to sue the second respondent in terms of Section 126(1)(b) of the Insolvency Act [Chapter 6:07]. In particular, the Applicants’ prayer, according to the draft order reads as follows:
“1. Application for leave to sue the 2nd Respondent be and is hereby granted.
2. 1st Respondent shall pay costs of suit.” More
When this court application was filed it was erroneously filed as “case number HCA 43/09” meaning that it was an appeal case in the Appellate Division of the High Court. That was an error.
The correct position was that the applicant was seeking condonation for the late filing of his review application.
When the applicant appeared in court with his legal practitioner Miss N. Ndlovu on 14 October 2014 he withdrew the matter and tendered wasted costs. He was however ordered to pay costs on an attorney and client scale due to the manner he handled his case. More
In the present matter, applicant, who is a qualified and registered pharmacist is desirous of obtaining declaratory and other relief from this Court, so that she can carry out her business idea within the confines of the law. Her business idea is to compile and publish a database for the benefit of, and use by the public; of all medical services and providers of health care and registered drugs and their location, to enable the public to access that information in an efficient and cost-effective manner. She has established a company, of which she is a major share-holder called Medical... More
The plaintiff issued summons out of this court seeking a decree of divorce, custody of the parties’ minor children and ancillary relief. The facts in this case were mainly common cause and most of the issues were resolved at the Pre Trial Conference which was held before a judge in chambers. The parties reduced the terms of their settlement into writing and indicated during the hearing that they would like it to be made an order of the court upon finalisation of the trial. More
KARWI J: The appellant was arraigned before the Magistrates’ court at Bindura facing six counts as follows:
Count One: Assault as defined in s 89 (1) (a) of the Criminal Law (Codification & Reform) Act [Cap 9:23]
Count Two: Undermining Police Authority as defined in s 177 (a) (1) of the Criminal Law (Codification & Reform) Act [Cap 9:23]
Count Three: Assaulting a Police Officer as defined in s 176 of the Criminal Law (Codification & Reform Act) [Cap 9:23]
Count Four: Assault as defined in s 89 (1) (a) of the Criminal Law (Codification & Reform) Act [Cap 9:23]... More
The parties are involved in an ownership dispute of certain mines situated in Kadoma. Sometime in July 2009 they entered into a written agreement in terms of which they swapped certain mining claims with the applicant taking over mining blocks known as Gazemba 105 to 108 belonging to the respondent. In terms of that agreement, the respondent was to take over certain gold mining claims belonging to the applicant. More
The applicant is the registered user of certain trade marks belonging to AECI Limited, a South African registered company. The same marks were assigned by their proprietor to ICI South Africa (Pty) Ltd which assignment does not affect the status of the registered user, the applicant. More
At one stage the applicant, a local citizen, faced allied charges in both Zimbabwe and Botswana relating to the unlawful hunting, killing and possession of rhinoceros horns, in contravention of kindred statutes that deal with the protection and preservation of wild life in the two countries. The charges arose out of the applicant’s alleged conduct, in league with other persons, both in this country and in Botswana, and at different times More
The Applicant is a former employee of the Respondent having been employed as a Consular Clerk. He was dismissed from employment following a formal disciplinary hearing. The Applicant was aggrieved with the determination of the Disciplinary Committee. He noted an appeal to this court under case number LC/H/341/19 which matter is currently pending. The minutes of the disciplinary hearing convened by the Respondent that led to the Applicant dismissal however do not form part of the record under reference LC/H/134/19. The Respondent through its papers submits that despite a diligent search it has been unable to locate the minutes and... More
The accused faces a murder charge in contravention of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It is alleged by the state that the deceased who was 23 at the time of the fatal incident, had set up as temporary base for illegal gold miners at a bush at Lonely Star mine together with several other gold panners. They were warming themselves around a fire. The accused allegedly arrived in the company of his uncle and friends. They were looking for one Prince Mwale, a step brother to the accused. They accused him of having... More
MOYO J: This is an urgent chamber application wherein the applicants seek an order for spoliation wherein it is alleged that they were despoiled by the respondents. In specific terms applicants seek an order restoring to them possession of 103 Robert Mugabe Way in Bulawayo. The facts of the matter are that the applicants were in occupation of the property being the subject matter of this dispute. Litigation was commenced in the Magistrates’ Court for the eviction of the applicants by the 1st respondent. The applicants noted an appeal against the decision of the Magistrates’ Court on the 28th of... More
This is an application for bail pending trial. The application is opposed. The applicant is facing one count of murder as defined in section 47 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). The applicant avers that he is a suitable candidate for bail. More
