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
: This is an urgent chamber application wherein applicant seeks stay of executor.
The facts as given in the founding affidavit are as follows:
On 30 November 2011 first responded issued summons against the applicant for malicious prosecution malicious arrest and detention for USD 400 000 plus interest.
The matter was set down for trial in the course of the trial an application for absolution from the instance was made and it was granted in favour of the applicant. First respondent appealed that judgment to the Supreme Court. Under SC 51/19 the Supreme Court rendered a judgment in favour of... More
This is a court application for dismissal of an action on the ground that it is frivolous and vexatious. The application was filed in terms of rule 31(1) of the High Court Rules, 2021. After hearing submissions from counsel, the court upheld the point in limine that the first to third respondents’ opposing papers were invalid. The court struck out the said notice of opposition and opposing affidavits and proceeded to deal with the matter as an unopposed application. 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
This is an application brought under s 24(1) of the Constitution of Zimbabwe (hereinafter “the Constitution”) on the basis that the applicant’s rights enshrined in ss 18(1) and 18(1a) have been contravened. More
Rule 25 of the Rules of this Court, Statutory Instrument 150 of 2017 (The Rules) provides for representation of parties, assumption and renunciation of agency More
The plaintiff issued summons on 24 May 2011 against the three defendants seeking defamation damages in the sum of US$50 000-00, interest and costs. The first defendant, a senior reporter, wrote the article in issue in the H-Metro tabloid of 3 March 2011. The second defendant was his editor while the third printed and published the article. More
