1. The main issue in this application is whether a special plea filed outside r 119 of the High Court Rules 1971, is a nullity. Secondly, whether condonation for late filing of the special plea is permissible, if so, the stage at which an application for condonation of the late filing of the special plea ought to be made.
2. The chronology of events leading to the filing of this special plea is as follows. The plaintiff filed summons against the defendant on 20 August 2020 after which he filed appearance to defend on 28 August 2020 having been served... More
This is an appeal against the whole judgment and order handed down by a Magistrate sitting at Nyanga on 8 October 2020 where the court a quo granted an order in favour of the respondent interdicting appellant from gaining entrance into Claremont Secondary School premises, constructing a fireguard within and around the said school and barring appellant from erecting a fence around and within the respondent school More
This is an application for relief made in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”). The applicant is acting in her own interests although she also invokes the alleged violation of the rights of Movement for Democratic Change-Tsvangirai (“MDC-T”), a political party of which she is a member. More
The appellants were convicted of contravening section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Each of them was sentenced to four years imprisonment of which one year was suspended for five years on condition of good behavior. Another one year was suspended on condition that each appellant restituted the complainant in the sum of US$7 600 by 31 February 2010. More
The appellant is employed by the City of Harare (“the city council”) as Deputy Director of Housing and Community Services and was at the time of the alleged commission of the offence the Acting Director of Housing and Community Services when the incumbent was attending a week-long workshop in Kadoma. In June 2021, he was arraigned before the first respondent facing a charge of “criminal abuse of duty as a public officer, in contravention of s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]” (the Criminal Law Code). The allegations levelled against him are that he irregularly... More
This is an appeal against sentence. The appellant was convicted of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act[Cap9:23] by a Harare Regional Court and was sentenced to 36 months imprisonment of which 10 months imprisonment was suspended for 5 years on the usual conditions of future good behaviour. He remained with an effective sentence of 26 months imprisonment. The facts are that the appellant who was employed as a driver at Marase Estate was tasked to supervise a group of women who were collecting firewood in exchange for services they had rendered... More
This is a claim against the defendants, jointly and severally, the one paying and the other being absolved, for payment of an amount of USD1 242 778 plus 5% per annum on the said amount calculated from 1 January 2015 until full and final settlement, together with costs of suit on a legal practitioner and client scale. More
This is an opposed application for the joinder of the second and third respondents, brought in terms of rule 32 of the High Court rules, 2021. The second and third respondents did not oppose the application. Most of the facts and background to this dispute are not in contention. It suffices to note that, the first respondent is the applicant in suit HC 2741/14, in which the applicants, herein are the respondents. It is the same case in which the applicants seek the joinder of the said respondents. Central to the dispute in case HC 2741/14 is property 69 Glenara... More
This matter was set down as an appeal at the instance of the appellant employer against an arbitral award made by the arbitrator in favour of the respondent employee. More
: This is an application for absolution from the instance..
The plaintiff in short seeks an order that defendants vacate the remaining extent of Lot `B` Lower Rangemore, Umguza being the property of the plaintiff who is the registered owner of the of the property (rei vindication).
The defendants have claimed that they have authority to occupy the property for mining purposes although they do not deny plaintiff’s ownership of the land.
At the close of the plaintiff`s case the defendants made an application for absolution from the instance. More
1. This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honourable Court if any, why a final order should not be made in the following terms:
i. That the 1st respondent shall cease and desist all mining and blasting activities on property known as Lot B Lower Rangermore held Title Deed No. 1490/2005 as described in DT 2596/73.
ii. That the 1st respondent is hereby directed to remove all equipment from the property known as Lot B Lower Rangemore held under... More
Plaintiff issued summons against the defendant and prayed for judgement for the following;
(i) An order that defendant immediately vacates the remaining extent of Lot “B” Lower Rangemore, Umguza.
(ii) That failing (i) above the Sheriff of Zimbabwe or his lawful deputy shall evict the defendant from the Remaining Extent of Lot “B” Lower Rangemore, Umguza.
(iii) Costs of suit.
For all intents and purposes therefore, the plaintiff’s claim was an Action rei Vindicatio. It is well settled law that occupation or possession of an owner’s property by another person is prima facie wrongful. All that the plaintiff needs to... More
First applicant is the owner and holder of title in respect of certain piece of land being stand 1584 Que Que Township situate in the District of Que Que in extent 5, 3267 hectares (hereinafter referred to as the property) The 1st respondent issued summons under HC 1799/16 on the 3rd of October 2016 seeking the following relief:
“a. An order compelling 1st and 2nd applicants to stop selling residential stands on 1st respondent’s claims namely Chicago registration number G3041, Orion registration number 7718, November registration number 4177 and Phoenix West parallel registration number B479.
b. An order compelling second... More
We heard this appeal on 9 July 2020 and struck it off the roll with costs in an ex-tempore judgment. We hereby furnish the written judgment as requested. More
