This is an urgent chamber application by the Applicant in which she is seeking the following relief.
“ORDER SOUGHT
1. The applicant be and is hereby declared the legal owner of Berea 17, Berea 18 and site 232 under coordinates listed in Schedule “A”.
2. The survey report issued by the 6th Respondent on the 31st January, 2022 be and is hereby declared null and void. More
In August 2022, the applicant filed an urgent chamber application for an interdict against the respondents in the High Court, Bulawayo. In the application, the applicant sought to interdict the first and second respondents from carrying out any mining activities on the applicant’s mining claims; namely- Berea 17, Berea 18 and Site 232 within certain coordinates. More
This is an application for an order declaring the applicant not guilty and acquitting her after a review of the proceedings leading to her conviction. The matter was placed before me as an ordinary court application although the proceedings in the magistrate’s court are not yet concluded in that she has not yet been sentenced. There are certain deficiencies to which I shall later return. The question raised in this application is whether this court has power to intervene in unterminated criminal proceedings in the exercise of its inherent powers of review. In order to answer this question it is... More
This application was filed on 19 December 2006 by the widow of the late Abisha Mapenzauswa. She is challenging the validity of the will and last testament of her late husband and its subsequent execution by the first respondent, the testamentary executor.
On 26 October 2000, the deceased executed a will and appointed first respondent testamentary executor. He married the applicant by civil rites on 21 April 2001. He died at the ripe age of 82 on 8 December 2004. His estate was registered with the Master in D/R 171/2005 by the testamentary executor on 12 May 2005. More
The term “mistress” is universally used to refer to a woman(other than the man’s wife) who has a sexual relationship with a married man. In Zimbabwe such a woman has earned the rather unusual moniker of “small house” implying that she is the “less significant” woman in that man’s life. This present matter is an appeal against the decision of the Magistrates Court sitting at Bikita granting an application brought by the man’s wife (the respondent) for the eviction of such a “mistress” (the 1st appellant)from a rural homestead situate in that district. That homestead is referred to as the... More
This is an application for condonation for late filing of notice of appeal against a judgement handed down at Rusape magistrate court on 20 June 2018 where the court a quo granted an interdict to the application and ordered her not to encroach with the respondent’s plot 5 Lot 1 Chimbi Source and barring applicant from interfering with farming activities of the respondents at that plot. Appellant was also ordered to remove her structures she had erected in plot 5 forthwith. More
Respondent appealed to the lower court against a decision by Chief Nembire which had been passed on 28 November 2020. The judgment had been given in default against one Robert Kupfuwamhandu. The judgment, in essence, awarded Appellant land which was being occupied by the Respondent herein. Respondent was aggrieved and appealed to the lower court. The lower court set aside the judgment by Chief Nembire and ordered that Respondent continue residing at his communal homestead and use his fields as he used to do. Appellant was aggrieved and noted an appeal in this Court. More
The circumstances of this matter can best be understood if the historical background is given first. What happened is that on the 6th April 2005 and at Harare, the applicant Janet Mandaza (hereinafter referred to as the purchaser) entered into a written contract of sale agreement with one Whisper Rukanda wherein Mr Whisper Rukanda (hereinafter referred to as the seller) sold to Janet Mandaza a certain piece of land situate in the district of Salisbury called Stand 2576 Marlborough Township of Stand 2576 Marlborough Township measuring 504 square metres held under Deed of Transfer No. 697/2000. More
The appellant was employed by the respondent until the 16th of January 2015 when he was dismissed from employment following a disciplinary hearing.
The background to this case is not in dispute. Appellant was employed as a section manager within the Commercial Layers Division. Prior to her transfer to that section, appellant worked at the Hatchery as an assistant manager.
While working at the Hatchery she was charged for misconduct and found liable. She was issued with a final written warning coupled with a transfer to the Commercial Layers Division. The warning was valid for twelve months. This was in... More
Plaintiff approached the court seeking to have an agreement of sale dated 11 March 2011 concerning house number C44 Chegutu be declared void and of no force. She also sought to be declared the lawful holder of title and rights to the same property. In addition, she sought consequential relief of the eviction of second defendant and all those claiming occupation through him from the property. More
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
