This is an appeal against the Magistrate’s decision allowing the respondent to amend her summons in the court below. The context is as follows: In 2014, the appellant accidentally damaged the respondent’s car which he was driving without the respondent’s consent. In November 2016,the parties entered into an agreement whereby the appellant accepted liability. A memorandum of agreement was then signed in which the appellant and one other undertook to replace the vehicle within three months. It was further agreed that there placement vehicles should not exceed 100 000 km and that the value of the vehicle was US$4500.00. The... More
This is an appeal against an arbitral award.
The appellant was employed by the respondent on monthly fixed term contracts as a rigger for a period spanning two years. The last such contract expired on 31 August 2010. This was then replaced with a contract running from the 1 to 5 September 2010. This last contract was not renewed. More
This is an unopposed claim for general damages for an assault perpetrated upon the plaintiff at about midnight on 13 October 2009, by fourth, fifth and sixth defendants who are police officers. The plaintiff’s declaration merely narrates the events which or evidence of what occurred on the day in question rather than pleading the facts which constitute the cause of action. The declaration contains material which should be found in an affidavit rather than in a pleading. No wonder then that the affidavit of evidence filed in support of the quantum largely reproduces the contents of the declaration. Also, the... More
It is common cause that during the course of the year 2022, the third respondent undertook a delimitation exercise of the electoral boundaries into which Zimbabwe is to be divided in fulfilment of the provisions of ss 160 and 161 of the Constitution of Zimbabwe (“the Constitution”). On 20 February 2023, following the observance of the prescribed constitutional processes, a final delimitation report was gazetted by the fourth respondent. The report was published as Statutory Instrument 14 of 2023. The first and second respondents alleged that the final delimitation report was invalid as it fell short of the requirements of... More
This is an application for quantification of damages.
The parties appeared before me on 2 September 2013. The matter was postponed to enable parties to pursue the possibility of an out of court settlement. In that hearing Counsel for the respondent had an offer of nine thousand US dollars (US$9 000.) which the applicant was to consider. Counsel for the applicant indicated that they needed time to consider how payment was going to be done. More
A brief resume of the broadly common facts in this case are as follows:-
The plaintiff is a citizen of Zimbabwe residing in this country and was the registered owner of a toyota hiace bearing registration number AAZ 7054 (the vehicle). More
This is an application for bail pending trial. At the hearing of the application the state conceded to 1st, 5th, 8th, 9th and 10th applicants being granted bail. They were accordingly granted bail. However, for 2nd, 3rd, 4th, 6th and 7th applicants the state opposed bail arguing that they are a flight risk. More
This matter came before me through the chamber book on 16 April 2012. I directed that it be heard on an urgent basis as I considered the requirements for the procedure fully met. It was set down for hearing on 20 April 2012. Counsel for the respondent argued at length in favour of the grant of the provisional order. Mr Samukange, for the applicant, in the end conceded that without specifically pointing to the basis for reasonable apprehension of unlawful detention, which his client feared the respondent was about to effect, the court could not interdict the respondent from requiring... More
The plaintiff hails from Nigeria and is in Zimbabwe on a permanent residence permit. His country of origin would have deserved no mention whatsoever in this judgment were it not for an unjustified attack on the people of his nation and other foreign nationals by the Cranford Court Home Owners Association, (“the association”), a voluntary organization that owns and administers a block of flats in Central Avenue, Harare. More
The applicant in this matter approached the court seeking an order of this court for an order to compel the respondent to transfer property situate at 585 Quinnington Township of Lot 1A Quinnington Township 8422 square metres, otherwise known as No 90 Crowhill Road, Borrowdale Harare (hereinafter referred to as “the property”) to himself. The applicant also sought that, should the respondent fail to comply, the Sheriff or his lawful deputy be authorized by this court to sign the necessary documents to facilitate the transfer into the applicant’s name. The background of the facts are as follows: Sometime in March... More
This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court, sitting in Beitbridge, on a charge of robbery in contravention section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are briefly as follows: in that on the 19 July 2020, applicant used violence or threats of immediate violence and forcibly took cash amounting to ZAR 14 000.00; a Huwei Y9 blue in colour IMEI number 860673040578786; a Sonny Xperia black in colour IMEI numbers 352562100128050 / 357751107509595, being the property of Kurureni Mukwena. Applicant pleaded not... More
The appellant was convicted at Mutare for contravening s 93 (1) (b) that is kidnapping or unlawful detention, it being alleged that on Saturday, 6 August 2019 at Zuva Service Station, near Mutare Polytechnic, Mutare, the appellant lifted and carried Pressly Tafara Mubaiwa, a juvenile, on shoulders and attempted to put him in the boot of a Toyota Runx. He had pleaded not guilty and he was sentenced to 24 months imprisonment. 6 months imprisonment was suspended for 5 years on the usual conditions of future good behaviour. More
The applicants approached this court on a certificate of urgency seeking the stay of execution of a judgement granted by consent pending an application they made in terms of rule 449(1) (b) of the High Court rules 1971. More
The records of proceedings in the above matters were placed before me on review in terms of s 57 of the magistrates court Act, [Chapter 7:10]. In all the record of proceedings, the accused persons appeared before the same magistrate for the province of Mashonaland, viz, T.A. Chamisa Esquire. The learned magistrate aforesaid disposed of each of the matters by way of trial of the accused upon the guilty plea procedure. The guilty plea procedure is provided for in terms of sections 271(2)(a) and 271(2)(b) of the Criminal
Procedure & Evidence Act, [Chapter 9:07]. In terms of distinction between the... More
This is an appeal against conviction on a charge of contravening s 52(2)(a) of the Road Traffic Act [Chapter 13:11] (Negligent driving). The appeal against sentence was abandoned at the hearing.
The appeal is opposed by the respondent. More
