1. The first matter is an appeal against the whole judgment of the magistrates court convicting the appellant on a charge 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]. More
This is an urgent chamber application for stay of a criminal trial being presided over by the first respondent sitting as the magistrate court at Harare pending determination of two court applications for review pending before this court against two interlocutory decisions made at that trial.
[2] Having read the application and the reference files in chambers I formed the prima facie view that the matter was not urgent. I made written comments to that effect and removed the matter from the roll of urgent matters.
[3] Having become aware of this, the applicant, through his legal practitioners of record,... More
Appeal against the magistrate decision to deny applicant to bail in terms of s 121 (1) (b) of the Criminal Procedure & Evidence Act [Chapter 9:07] as read with s 6 (1) of High Court Bail Rules, 1991 More
Applicant filed a bail application on 11 July 2019. The State filed its response on 12 July, 2019 opposing the application. I heard the matter on 15 July 2019. The State requested to be heard first averring that it had a proposal to make. The applicant was not opposed to this request. The State announced that it was no longer opposed to the granting of bail. The suggestion was that the draft order was to be expanded to accommodate three more conditions namely; More
On the 8th of December 2015, Manyangadze J issued a judgment in which the Honourable Judge considered whether or not Appellant’s dismissal from Respondent’s employ by the National Executive was lawful. More
This matter emanates from the 3rd National Congress of the Movement for Democratic Change (the MDC) which was held in January 2011. The Congress was convened in December 2010 by Prof. Welshman Ncube, the 2nd respondent, who was at that time the Secretary General of the MDC. More
Applicant applied for the review of arbitration proceedings conducted by 2nd Respondent. 1st Respondent opposed the application. Applicant’s case was based on grounds of procedural irregularities and irrationality of the decision made. More
This is an urgent chamber application for stay of execution in which the following provisional order is sought:-
“TERMS OF THE ORDER SOUGHT
That the respondent show cause why a final order should not be made in the following terms:-
1. That the provisional order is hereby confirmed.
2. That the judgment under HC 4309/22 be and is hereby rescinded and set aside.
3. The first respondent to pay costs of suit. More
On 31 January 2019 the appellant was convicted by the Rusape Provincial Magistrate on allegations of public violence as defined in s 36 of the Criminal Law Code. He was sentenced to 3 years imprisonment of which 1 year imprisonment was suspended for 5 years on the usual conditions of future good behaviour. Dissatisfied with both conviction and sentence, he filed an appeal against both conviction and sentence. On 6 November 2019 we dismissed the appeals and indicated that reasons would follow. These are they. More
This application was referred to this Court by the court a quo in terms of s 24(2) of the old Constitution of Zimbabwe (hereinafter referred to as “the Constitution”). More
This is an appeal against part of the judgment of the High Court sitting at Bulawayo, dated 2 May 2019.
The court a quo granted the following order:
1. That the purported Deed of Sale concluded by the parties on 26 January 2010, in respect of a portion of Umguza 100 Acre Lot 5A be and is hereby confirmed to be null and void for want of compliance with the mandatory provisions of the Regional, Town and Country Planning Act [Chapter 29:12]. More
In our respectful view this is a hopeless appeal by all accounts.
After hearing counsel on 26 September 2018 we dismissed this appeal for lack of merit. We gave detailed ex tempore reasons. On 1 October 2018 counsel for the appellant requested written reasons for dismissing the appeal. These are they; More
The proceedings in this matter were first placed before me on review in July, 2020 whereupon I gave a direction that the record be transcribed as I could not make out the magistrates handwriting, much as I tried to. It took nearly 5 months for the transcribed record to be forwarded back to the Registrar. The accused had already served the sentence imposed on him. This is one of the unsatisfactory consequences of the late compliance with the transcription directions. In regard to ineligible handwritings, we are all gifted differently in the art of handwriting. What is important is to... More
The plaintiff and defendant were joined in holy matrimony on 13 June 1997, in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. They had however commenced living together as husband and wife in terms of customary law in August 1985. Their marriage was blessed with two children one born on 31 March 1989 and the other born on 17 August 1994. More
On 22 April 2015, the plaintiff issued summons out of this court seeking the following order against the defendant:An order confirming null and void the purported agreement of sale signed by the plaintiff and defendant on the 12th January 2010 in respect of Umguza 100 acre Lot 5A for want of a subdivisions permit at the material time and in any event and in the alternative for defendant’s breach of the terms and conditions of the agreement of sale.
2) An order for the eviction of the defendant and all those claiming rights after him from Umguza 100 Acre Lot... More
