It is common cause that there was an agreement entered into between the defendants and the plaintiff for the drilling of a borehole at the latter’s farm in Mvuma. More
Applicant, 32 years old, was convicted of 2 counts of stock theft and sentenced to 18 years imprisonment. He appealed against conviction and sentence and the appeal is pending before this court. He now applies for bail pending appeal. The application is opposed by the State. On 27 May 2022 I dismissed the application and on 22 June 2022 applicant’s legal practitioners requested written reasons for the dismissal. More
On 13 March 1984 the plaintiff and the late Jackson Jekera entered into an agreement of sale of an immovable property namely, Stand no. 13451- Unit ‘N’ Seke. The agreement was reduced to writing. In terms of the agreement of sale the late Jackson Jekera sold his rights in the said property to plaintiff for the sum of $1100 Zimbabwean dollars. The plaintiff paid a deposit of $800 and the balance was to be paid by May 1984. More
In this civil trial the plaintiff led evidenced from one witness and closed his case. The 1st 2nd and 3rd defendants have applied for absolution from the instance at the close of the plaintiff’s case. The plaintiff resists the applications. More
This is an appeal against the refusal to admit the two appellants to bail pending appeal. The two appellants were arraigned before the Provincial Magistrate’s court, sitting in Gweru, on a charge of criminal abuse of duty as public officers as defined in section 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against them are briefly as follows:that on a date to the prosecutor unknown, but during the period extending from 2012 to December 2017, at Gokwe Town Council, the appellants’, one or both of them, being public officers in the exercise of their functions... More
The plaintiffs being children of the late Taworamwoyo Nelson Dhliwayo, who died on 10 June 2016, issued summons against the defendants in February 2023, for an order declaring null and void, a will which the late executed on 8 June 2012. That Will excluded as beneficiaries the plaintiffs who are all his children.
In their summons, they challenged the Will on the basis that it was invalid as the now deceased, at the time of the Will’s execution, was said to have not been in a mental state to execute a valid will because he suffered from senile dementia. In... More
The appellant appeared before the provincial magistrate at Kwekwe Magistrates’ Court on 28 August, 2009 for trial. He was charged with and pleaded guilty to 5 counts of unlawful entry as defined in s 131 of the Criminal Law Codification and Reform Act, [Chapter 9:23] and 5 counts of theft as defined in s 131 of the same enactment. The appellant was sentenced to 2 years imprisonment on each of the 10 counts as aforesaid. The total sentence imposed therefore was 20 years imprisonment. 3 years of the sentence was suspended for 5 years on the usual condition of future... More
This is an application for the ejectment of the respondent and all persons claiming occupation through it from premises known as Number 61 Leopold Takawira Street, Harare, together with holding over damages in the sum of US$166.66 per day calculated from 01 August 2012 to the date when the defendant vacates the premises. The factual background to the dispute is as follows: More
This is an appeal against the whole judgment of the High Court (the court a quo) handed down on 16 December 2021. The court a quo granted the respondent damages in the sum of US$30 000.00 for malicious prosecution and US$100 000.00 for malicious arrest and detention. The damages were to be paid at the equivalent rate of the local currency of RTGS reckoned at the time of payment. More
On 23 June 2008 the plaintiff issued summons out of this court against the defendant. After the plaintiff furnished it with the further particulars it requested, the defendant, inter alia, excepted to the summons and declaration on 3 October 2008. The basis of the exception was that the defendant had ceased to exist both at the time the cause of action arose and at the institution of proceedings. More
On 24 March 2017, the applicant filed an urgent chamber application for, in the interim, an urgent interdict to stop the respondent or anyone acting on its behalf “from removing, defacing or otherwise interfering in any way with the applicant’s advertising signs and artwork installed thereon located at various sites in the Greater Harare area” pending the return date. On the return date the applicant sought a final order for a declaratur that the lease agreement between the parties entered into on 28 September 2006 was valid, binding and subsisting until terminated in terms of the provisions of such lease... More
The plaintiff issued summons against the defendants described herein for defamation damages in the sum of $ 500 000 000-00. In the declaration which is attached to the summons the defendants are described in the following terms:
“2 (a) The first defendant is the Editor of the Herald Newspaper.
(b)The second defendant is the Owner, Publisher of the Herald Newspaper, the Distributor of the Herald Newspaper and the Printer of the Herald Newspaper all of Herald House, Corner Second Street/George Silundika Avenue, Harare”. More
After hearing both counsel and having read the documents filed of record the court dismissed the appeal on the basis of a point in limine that was raised. The reasons were read in court and these are the written reasons for the dismissal of the appeal. More
After hearing submissions in argument from both legal practitioners I dismissed this application with costs on the ordinary scale and indicated that my written reasons would follow in due course. These are they.
On 27 September 2005 the applicant and the 1st respondent represented by the second respondent concluded on agreement of sale of an immovable property known as Stand 195 Monavale Township measuring 36953 square metres for a purchase price of seven billion dollars ($7 000 000 000 .00) More
