This is an application for the eviction of the first, second and third respondents and all those claiming occupation through them from Lot 5 of Merchiston measuring 22.2 hectares held under parent Deed of Transfer number 1355 of 2008 dated 18 March 2008. More
The plaintiff company issued summons against the defendant, a building contractor on 16 February 2011 seeking payment of US$1 340-00 per month hire costs from 1 February 2009 to the date the defendant returns scaffolding equipment and the return or alternatively the value of that equipment in the sum of US$30 777-55. The defendant contested the action. More
MAKONI J: This is an application for leave to execute pending appeal. The background to the matter is that the applicant carries on farming operations at Frogmore Farm in Mazoe (“farm”). The first respondent took occupation of part of the farm on 13 May 2007 on the basis of an offer letter issued to him by the second respondent. The applicant issued summons, out of this court, claiming spoliatory relief. The matter went to a full trial and on 29 July 2009 this court granted the applicant’s claim. On 30 July 2009 the respondent filed a Notice of Appeal to... More
On the 9th of September 2009, the applicant obtained a spoliation order against the 1st respondent, in Case No. HC 3989/09, evicting him from the property in question (Frogmore Farm). On the same day, the 1st respondent appealed against this order in Case No. SC 216/09. Relying on his offer letter from the 2nd respondent and the notice of appeal, he then reoccupied the property on the 15th of September 2009 without the applicant’s consent. The applicant now seeks leave to execute the order in Case No. HC 3989/09 pending appeal. The 1st respondent resists the application on the ground... More
The applicant company is the former owner of a certain piece of land known as Elsinora, situate in the Mazowe district. This property is also known as “D” section of Forrester Estate. It is common cause that this property has been acquired by the Statein terms of s 16B of the Constitution of Zimbabwe. In its founding affidavit sworn to by its Finance Director, PhilimonMugari, the applicant has averred that the property had not been acquired by the State. At the hearing of this application counsel for the respondent Advocate Uriri, conceded that the property had indeed been acquired by... More
The applicant filed an application for a spoliation order. The basis of the application is that on 9 January 2010 the respondent, together with six other men entered into the applicant’s farm and they forcibly dismantled a maize silo. This was without the consent of the applicant neither was there a court order authorizing them to do so. More
In this urgent chamber application the applicant seeks a provisional order in the following terms:
“1. TERMS OF FINAL ORDER SOUGHT
1.1. The provisional order be and is hereby confirmed
1.2. That the respondent shall pay costs of suit.
2. INTERIM RELIEF GRANTED
A “Mandament van spolie” be and is hereby granted restoring the “status quo ante” which prevailed prior to the 1st October 2010 to the respondent’s occupation of a piece of land known as Elsinora, situate in the district of Mazowe, and that such restoration be achieved by the eviction of the respondent, his possessions and all persons... More
This is an application for bail pending appeal. The brief facts are that applicant was charged and convicted of contravening s 70 of the Criminal Law (Codification and Reform) Act [Cap 9:23] and was sentenced to 10 years imprisonment after the court a quo found him to be infected with the HIV virus. The applicant noted an appeal against conviction and sentence. At the bail hearing applicant correctly abandoned the appeal against sentence. More
On the 8th of January, 2014, through his erstwhile legal practitioner, Appellant filed an appeal with this Court. The grounds of appeal can be gleaned from pages 5 – 7 of the record. These are that:-
1. Respondent misdirected itself of a point of law and on the facts in finding that Appellant was guilty of misconduct and that he was lawfully dismissed as
1.1. Appellant was not given sufficient particulars of the charges.
1.2. The Disciplinary Committee violated the Interfresh Limited Code of Conduct as well as the rules of natural justice in that he was not afforded an... More
Sometime in April 2021 Caleb Chihwa was arrested driving a truck loaded with 294 bales of second-hand clothes which had been smuggled into Zimbabwe. He was travelling from Mutare to Harare. The subject truck was not registered with the Central Vehicle Registry, applicant claims that it belongs to her. On 23 November 2022 Caleb Chihwa was prosecuted and fined. Meanwhile on 15 July 2021 a Notice of Seizure of the truck was issued by the Regional Manager and applicant was informed. Various representations were made from the station manager upwards in an effort to set aside the seizure and release... More
On 3 April 2006 the appellant was found guilty of one count of contravening s 3(1)(a)(ii) of the Prevention of Corruption Act [Chapter 9:16] (hereinafter referred to as ‘the Act’) by the Magistrates Court. On 9 February 2013, the High Court confirmed the conviction and found that there was no appeal against sentence before it. The appellant now appeals to this Court against both conviction and sentence. More
The Applicant approached this court by way of court application seeking a declaratory order in terms of Section 14 of the High Court Act [Chapter 7:06].The applicant’s draft order reads as follows:
“1. An application for Declaratory Order be and is hereby granted in favour of the Applicant in the following terms;
(a) Applicant be and is hereby declared the lawful holder of rights, title and interest in property known as stand number 6401 Retreat Waterfalls.
(b) Firstrespondent and all those in occupation through her at property known as No. 6412 Retreat waterfalls be and hereby are ordered to forthwith... More
The appellant was employed by the Judicial Service Commission (the respondent) as a court interpreter. He was found guilty of an act of misconduct and he was dismissed. This is his appeal against his conviction and penalty. More
The appellant was a magistrate stationed at Chinhoyi Provincial Magistrates Court, Mashonaland West. He was arraigned in that court on two counts of contravening s 3(1) (a) (ii) of the Prevention of Corruption Act, [Cap 9:16]and, after a contested trial, convicted. He was, on 3 April 2006, sentenced to undergo thirty six months imprisonment of which twelve months were suspended on condition of future good behavior. He was represented by counsel of his choice throughout his trial. After sentence was pronounced, he noted an appeal against both conviction and sentence on 11 April 2006. AdvocateMatinenga prepared appellant’s heads of argument... More
In August, 2011, the Appellant was charged with violating sub sections 1, 2, 3, 5, 6 and 10 of Section A and sub Sections 3, 4 and 5 of Section B of the (IT) User Agreement which provided that company technologies were provided and reserved for the company’s business only in that he sent insulting personal messages to his subordinate; one Neverrest Simango.
The second charge was for contravening the Tobacco Industry Code of Conduct in that he displayed indiscipline, violence and other related offences by using insulting or abusive language and the third charge was for dishonest, theft, fraud... More
