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
The appellant was employed by the respondent as a driver. He was dismissed following disciplinary proceedings for:
‘falsification of records and or writing false information onto Authority documents.’
This is a violation of the applicable code of conduct.
The brief facts of the matter are as follows:
The appellant in his capacity as a driver was asked to get a quotation for repairing a bumper of a certain damaged vehicle. He got the instruction from a Mr Mandihlare. The instruction was to the effect that once he got a quotation which was below one hundred USD(USD 100.00), he could leave... More
Ordinarily, a judgment would not have been necessary in an unopposed application. This judgment was considered necessary to clear an issue of lis pendens which arose when this application was dealt with by CHINAMORA J on 12 May, 2021. The learned judge removed the application from the roll and made note that an appeal pending before this court which was concerned with the same thereafter was set down for hearing on 24 May, 2021. It was considered then that to grant an order as prayed for by the applicant would pre-empt the decision of the appeal court. Upon resetting the... More
The appellant was employed as a driver by the respondent. Allegations of theft were raised against him and he was found guilty and dismissed. This appeal is against conviction. More
On 6 July 2021, with the consent of the parties, this court issued an order interdicting the respondent or its agents from removing any livestock or movable property from Subdivision A of Carnock Farm, Sandown Park Farm pending the finalization of this matter. The court also directed the parties to argue for the final relief on 20 July 2021, subject to the respondent filing its notice of opposition by 8 July 2021, and the heads of argument not later than 16 July 2021. The applicant was required to file his answering affidavit and heads of argument by 14 July 2021. More
This is an application in terms of r 63 of the Rules of the High Court, 1971 for the rescission of a judgment granted in default on 24 June 2009 in case no HC 1247/07. In addition, the applicant sought for an order that the proceedings of the Pre-trial Conference held on 18 November 2008 and the result thereof be declared null and void and that a date for another Pre-trial Conference be allocated More
