This is an urgent chamber application in which the applicant seeks the following relief:
“TERMS OF INTERIM RELIEF GRANTED
IT IS HEREBY ORDERED THAT
1. The respondent be and is hereby ordered to forthwith and in any event not later than 24 hours from the date of this order, release the minor child TRM BORN 15 MARCH 2013 to attend boarding school at Littlerock International Boarding School, failing which the Sheriff or his assistant be and is hereby authorized and directed to remove the said minor child from the respondent’s control and custody and hand him to school authorities at... More
This is an application titled; “Urgent Chamber Application for stay of Execution.” – wherein the applicants sought the following relief that;
4. “The execution of the Provisional Order obtained by the 1st, 2nd and 3rd respondents under case number HC 2974/18 be and is hereby stayed.”
On the confirmation date the applicants sought the following order that;
1. ‘The interim relief granted be and is hereby confirmed as final.
2. The 1st, 2nd and 3rd respondents be and are hereby permanently interdicted from executing on the Provisional Order under HC 2974/18 pending the finalization of the proceedings under HC 980/18... More
The applicant is charged with contravention of s 126 of the Criminal Law Codification and Reform Act [Chapter 9:23] i.e. to say robbery of a motor vehicle. The summary of the allegations is that on 29 July 2020 applicant and an another robbed complainant of his Toyota Sienta Vehicle Registration No. AEV 7893 engine No IN26665781 with chassis No NCP 810104251 which complainant used as a pirate taxi after pretending to the complainant that they wanted to be taken to some address in Waterfalls Harare. The robbery allegedly took place in the night as a result of which complainant could... More
appeal.
At the commencement of the proceedings, respondent raised a point in limine. It was submitted that Marange Resources Security Employees (hereinafter MRSE) was not a party to the proceedings. It was further argued that there was no nexus between Marange Resources Security Employees and the employees before the Court. It was further stated that an entity without legal status cannot institute legal proceedings. Respondent further submitted that Marange Resources Security Employees was incapable of instituting labour proceedings. More
The background to the matter is that on 10 March 2006, the applicant noted an appeal to this court against the decision of the second respondent under case No. CIV(A) 162/06. The appeal was set down for hearing on 31 October 2006. The applicant withdrew the application after the presiding judges had raised concern about the state of the record. Pursuant to this, the applicant filed a court application in this court seeking the setting aside of the same decision of the second respondent. On 26 October 2007, the applicant withdrew the application. On 19 November 2007 he then filed... More
On 21st July 2017 the plaintiff bought a freightliner truck horse registration number ADS 1496 from the defendant and an agreement of sale was concluded between the parties. The agreement was reduced to writing. About a year later, on 17th July 2018 the plaintiff again bought a triaxle semi-trailer registration number ADS 9648 from the defendant and the agreement of sale was also reduced to writing.
With any acquisition of valuable assets which involve the transfer of ownership, such transfer marks the conclusion of the buyer – seller relationship, with each one discharging their respective obligations. More
DUBE-BANDA J: The applicant seeks leave to appeal to the Supreme Court against the judgment of this court handed down on 5th January2021. The grounds upon which leave to appeal is sought, are listed extensively in the application and will therefore not be repeated herein. The main contentions of the applicant are that:
1. The court erred and misdirected itself in denying the applicant bail pending appeal;
2. The court also erred in holding that there were no prospects of success when there were such prospects of success on both conviction and sentence.
3. The court further erred in denying... More
The 1st appellant was the Resident Minister for Midlands whilst the 2nd appellant is the Midlands Provincial Planning Officer. In 2012 the two decided to acquire stands illegally from Gokwe Town Council. Acting under the guise of pursuing the National Housing Delivery Programme they called for an informal meeting with Gokwe Town Council officials and requested for stands which they said were to be allocated to civil servants. The council did not have such stands whereupon the two agreed that the 2nd appellant prepare a layout plan for an area named Mapfungautsi Extension. The plan was then sent to the... More
The applicants are seeking a stay of criminal proceedings that are pending before the second respondent pending the determination of the application for review lodged against a dismissal of their exception to charges preferred against them. More
: On 9 April 2021 I struck off this matter from the roll and gave reasons extempore. The applicant has requested for written reason for my decision.These are the reasons.
In this application the applicant seeks to challenge the decision of the High Court handed down on 3 May 2018 dismissing his applicationfor condonation and leave to appeal in person. The application was purportedly filed in terms of r 21 of the Supreme Court Rules 2018.The applicant seeks an order in the following terms:
1. The application against refusal for condonation for the late filing of an appeal be
and... More
ZISENGWE J: Theapplicant seeks the eviction of the respondent from certain residential premises situated in the Midlands city of Kwekwe. The said property was identified by the parties as Stand Number 190 Queque Township and is also known as 19 Burma Road Newton, Kwekwe (hereinafter referred to as “the property”).
The applicant, a company duly registered in terms of the laws of Zimbabwe, avers in the main that it is the registered owner of the property and produced the deed of transfer to that effect. It claims that the respondent took occupation of the property in 2015 and has remained... More
The accused was convicted of theft of a motor vehicle from South Africa. He was sentenced to 10 years imprisonment of which 3 years was suspended for a period of 5 years on the usual conditions of good behaviour. More
On 21 December 2016 the applicants sought and were granted a provisional order couched in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
1. That the Respondents, their agents and all those claiming title through them be and are hereby interdicted from interfering with the Applicants’ possession and enjoyment of the properties known as NOS 409 HARARE DRIVE, POMONA, HARARE; 18 CAMBRIDGE ROAD, AVONDALE, HARARE and 75 KING GEORGE ROAD, AVONDALE, HARARE.
2. That the Respondents pay the costs of this application on an attorney and own client scale. More
In or about January 2006, the applicant and the first respondent entered into an agreement of sale in respect of certain immovable property called Stand number 584 Greystone Park Township of Greystone. In terms of the written agreement, the purchase price for the property was the sum of $400 000 000-00 and this was to be paid in full within 5 days of the signing of the agreement. The payments clause in the agreement of sale provided that the purchase price was payable in full upon the signing of the agreement but a special condition of the agreement provided that... More
