This is an application for bail pending trial. The applicant is facing a charge of contravening section 45 (1) (b) as read with section 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in section 11 of the General Laws Amendment 5/2011. More
The applicant a registered legal practitioner has approached this court seeking a review of the decision of the respondent wherein the latter referred applicant’s disciplinary matter to the Legal Practitioners Disciplinary Tribunal. The applicant contends that the decision to refer his matter to the Tribunal violates his procedural rights in that the decision was biased, procedurally irregular and grossly irregular. The application is vehemently opposed. More
1. This is an application for bail pending appeal against conviction and sentence. The applicant was arraigned before the Magistrates’ Court sitting at Bulawayo. He was charged with the crime of culpable homicide as defined section 49(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. It being alleged that on the 21st December 2020 along the Harare-Bulawayo road he drove a heavy motor vehicle negligently, in that he encroached into the path of oncoming traffic; failed to stop or act reasonable when an accident or collision seemed imminent; and failed to ascertain whether the road was clear before... More
This is a constitutional court application filed in terms of rule 107(1) of the High Court Rules, 2021. The matter was heard on 19 November 2024. After hearing submissions from the parties’ legal practitioners, the court issued an ex tempore judgment the operative part of which was that the application was dismissed with no order as to costs. A letter from the respondent’s legal practitioners dated 31 January 2025 was placed before me wherein a request for written reasons for this court’s decision of 19 November 2024 were sought. What follows are the full written reasons thereof. More
The applicant filed an application in this court seeking relief which is stated in the draft order as follows:
The respondent’s termination of the applicant’s contract of employment effected on the 8th April 2005, and communicated to him by way of a letter dated 9th May be and is hereby set aside.
Prior to this dispute the applicant was employed by the respondent as a personal banker until the 8th April 2005 when his contract of employment was unilaterally terminated by the respondent. More
Initially this appeal was in respect of both conviction and sentence. However at the commencement of the hearing of the appeal Mr Mafa for the appellant withdrew the appeal in respect of the sentence and thus abandoned the grounds of appeal in relation to the sentence. This appeal now solely relates to the conviction. More
TAKUVA J: On the 24th of August 2007, the plaintiff and 1st and 2nd defendants entered into an agreement for the “exchange” of her property namely Stand 4458 Bulawayo Township of Bulawayo with 1st and 2nd defendants’ property namely a restaurant registered under Richdena Investments (Pvt) Ltd. Plaintiff unsuccessfully demanded company documents from 1st and 2nd defendants to enable her to effect transfer of the restaurant into her names. More
Afterthe preliminaries on 18 March 2013, the trial in this matter began in earnest on 8 April 2013. The defendant had the duty to begin. That had been the agreement at the pre-trial conference.
At the close of the defendant’s case the plaintiff applied for absolution from the instance. I reserved judgment. This is the judgment. More
This is the judgment in the interlocutory application by Efrolou [Private] Limited, Plaintiff in the case under reference number HC 1816/10, and First Defendant in the case under reference number HC 3285/10 [hereafter referred to as “Efrolou”] More
At the conclusion of the hearing of this appeal I dismissed the appeal in its entirety with costs and indicated that the reasons will follow. These are they:-
This is an appeal against the Appeal‘s Committee’s decision which upheld the Disciplinary Committee’s verdict and penalty. More
The plaintiffs’ story can be gleaned from their declaration. It is this:
In August 2009 the plaintiffs entered into a partnership agreement in terms of which the first plaintiff would import day old chicks from LA CHIX (PVT) LTD, a South African Company, to be sold locally by the second plaintiff. On 27 October, 2009 the first plaintiff made a telegraphic transfer of ZAR 128 350-00 from its account number 0622018874001 held with the defendant in favour of LA CHIX’s Standard Bank South Africa account number 200240684 for the purchase of day old chicks. On 28 October, 2009 ZAR 15... More
In this matter the Appellant appealed against an arbitral award handed down on 14th of April 2014. When the parties before me on the date of hearing the Respondent took two points in limine. The court upheld both points in limine and consequently dismissed the appeal. The court indicated that the reasons were to follow. More
The appellant was arraigned before the Regional Magistrate at Bindura on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded not guilty but was convicted after a trial. He was sentenced to 14 years imprisonment of which 31/2years imprisonment was suspended on condition of good behaviour. He now appeals against both conviction and sentence More
I heard this application sixteen (16) months ago. I delivered an ex tempore judgment in which I dismissed it with costs. I entertained the view that the reasons which I spelt out at the time were sufficient to put the matter to rest. More
The roots of the dispute in this matter lie in tender ZETDC/Inter/O7/21 for the supply and delivery of prepayment meters vending system flighted by the fourth respondent. The applicant submitted a bid and was unsuccessful whilst the fifth respondent was the successful bidder. The applicant sought to challenge the bidding process and was advised that it should pay the sum of US$50 000 for that purpose. The applicant holds a strong view that the requirement to pay security to challenge a bidding process is unconstitutional. It is trite that the applicant is a company registered in England and Wales. It... More
