This is an application for the confirmation of a provisional order granted by this court on 27th March 2020. The interim order is in the following terms:
That pending determination of this application the following relief is granted:
“1. That 1st and 2nd respondents and all those acting through them be and are hereby interdicted from conducting any mining operations at Bonsor South Mine and Bonsor South West Mine.
2. Should 1st and 2nd respondents and all those acting through them fail to comply with paragraph 1 above, respondents be found in contempt of court and should be arrested.” More
MAKONESE J: This is an urgent chamber application framed by the applicant as an urgent chamber application for a temporary interdict and consequential relief on the return date. The draft order is for the following relief:-
“TERMS OF INTERIM RELIEF
Pending the finalisation of this matter, the applicant is granted the following interim relief:-
(a) That the first respondent and all those claiming occupation through her be and are hereby interdicted from conducting any mining operations and/or collecting any mining ores from Bonsor SW mine and/or Olympia 7 mine forthwith.
(b) The second and third respondents be and are hereby... More
This is an application to set aside the order of this court for MABHIKWA J dated 7th July 2020. The application is brought in terms of Rule 449 of the High Court Rules 1971. The application is opposed.
On 2nd November 2020 I heard oral argument and reserved judgment in the matter. I indicated at the time that it appeared that 1st respondent was duly barred for failing to file heads of argument. 1st respondent’s counsel indicated that he intended to file an application for condonation for the late filing of such heads of argument. I did not deem it... More
The applicant seeks leave to appeal. At the hearing of the pre-trial conference in this matter, the applicant made an application to amend its plea (applicant is the defendant in the main matter.) I dismissed the application on 14 September 2018. On 21 September 2018 parties appeared before me for continuation of the pre-trial conference, the applicant then made an oral application for leave to appeal.
This is a matter that has taken a couple of turns and twists that have hindered its proper resolution on the merits. This is the second time parties intend to go on appeal to... More
1. This case concerns the validity of tax assessments.
2. The applicant is a company registered in accordance with the laws of Zimbabwe. The respondent is the Zimbabwe Revenue Authority [ZIMRA], a statutory body established in terms of s 3 of the Revenue Authority Act [Chapter 23:11], tasked with the administration and collection of revenues due in terms of various taxing statutes including the Income Tax Act [Chapter 23:06], [the Act]. The applicant approached the court on an urgent basis seeking an order on the following terms:
“FINAL ORDER SOUGHT
That you show cause why an order should not be... More
This is an urgent chamber application in which the applicant seeks a provisional order for the suspension of a garnishee placed by the respondent pursuant to an income tax assessment. More
The fall out between the parties centres on the jurisdiction of the taxing authority to issue additional assessments against the applicant. The applicant seeks an order setting aside notices of assessment issued by the respondent. This dispute pits the applicant, a taxpayer and the respondent, Zimbabwe Revenue Authority, (ZIMRA), an administrative authority created in terms of the Revenue Authority Act [Chapter 23:11], tasked with the obligation to collect taxes under the Income Tax Act [Chapter 23: 06], the Act. What started the wrangle between the parties is a tax assessment for the year ended 2019 which the applicant objected to.... More
This is an application for the reinstatement of a pre-trial conference (PTC) which was erroneously deemed abandoned and lapsed by the registrar. The dispute has its roots case No. HC 211/20(the main matter) the latter which was claim bought an motion but referred to trial by the court after it was rules to be incapable of resolution on the papers. More
In this review application the applicants pray for relief as follows–
“IT IS ORDERED THAT:
1. The application for review succeeds.
2. The 2nd respondent’s decision to proceed with the trial of the applicants notwithstanding the provisional order in case No. HC 7206/20 be set aside.
3. The proceedings before the 2nd respondent held on 28 April 2021 be quashed.
4. That the decision made on 28 April 2021 in the trial of the applicants in case No. ACC 45-47/20 X Ref CRB HRE P 7566-8/20 be set aside.
5. The criminal matter of the applicants be placed before another... More
The background to this appeal is that the two appellants appeared before the Provincial Magistrate at Harare Magistrates on 6 March, 2021 on initial remand. They were legally represented by Mr J. Bamu who again is their legal representative in this appeal. The appellants faced a charge of contravening s 5 (3) (a) of the Public Health (Covid 19 Prevention, Containment and Treatment National Lockdown) Consolidation and Amendment Order of S.I. 200/29 as read with S.I. 42/2021 (Partakes or covenes a gathering) Chapter 15:07. More
DUBE-BANDA J: This is a bail application pending trial. Applicantand other persons are jointly charged with the crime of robbery as defined in section 126 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that:-on 25 May 2021, at around 0100hours, applicant with other co-accused persons armed themselves with a 303 rifle, two pistols, machetes, knives and iron bars and robbed three complainants of their vehicles, cash and cell phones after threatening to shoot them with their firearms. More
The background to this appeal is that on 11 March, 2021, the appellants were denied bail by the provincial magistrate sitting at Harare. They had appeared before the magistrate on 6 March, 2021 for initial remand on a charge of contravening s 5(3)(a) of the Public Health (Covid 19 Prevention, Containment and Treatment National Lockdown) consolidation and Amendment order of S.I 200/20 as read with S.I. 42/2021 (Partake or convenes a gathering) [Chapter 15:07]. The appellants applied for bail unsuccessfully. The provincial magistrate dismissed the application. Following the dismissal of the application, the appellants noted an appeal to this court... More
This is an opposed chamber application for condonation of the late noting of a cross-appeal and for the extension of time within which to file a cross-appeal made in terms of r 43(1) of the Supreme Court Rules, 2018 [ “the Rules”]. More
1. This is an application for the recusal of CHIKOWERO J from sitting as a member of the court presiding over case numbers HACC (A) 12/23 and HC 8597/22. The former is an appeal against the whole judgment of the magistrates court convicting the applicant of one count of defeating or obstructing the course of justice as defined in s 184(1) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The latter is an application for review of the trial court’s interlocutory decision dismissing the applicant’s exception to the same charge. The applicant had excepted to the charge... More
The applicant, Job Sikhala (“Sikhala”), is a legal practitioner and a politician. He is reviewing the decision of the second respondent (“the magistrate”), who, sitting at the court in Harare, placed him on remand on a charge of contravening s 187(1)(a) as read with s 36(1)(a); alternatively contravening s 187(1)(b) as read with s 36(1)(b); alternatively contravening s 37(1)(a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (“the Act”). He advances two grounds of review. These are that:
1. The second respondent’s decision was grossly irregular in that it departs from previously decided cases binding on second respondent... More
