Applicant states that she was placed on indefinite suspension if one has regard to the time it took the respondent to conclude her matters. It is her view that such conduct was in breach of section 6(2) (b) of the National Code which is imperative that the disciplinary proceedings if commenced should be concluded within 14 days. In response to this the respondent argued that applicant was the author of her own misfortune in that she delayed in availing the documents which were needed to conclude the audit. A reading of the record however shows that the whole delay could... More
This is an application for confirmation of the provisional order granted on 28 February 2020. The interim relief which was granted in that provisional order was for stay of execution of the judgment granted in favour of the respondents in Case No. HC 2954/18 pending the return date. The final order sought is for a declaration that the payment of RTGS$452 000.00 by the applicant fully discharged the applicant’s obligations under the judgment in HC 2954/18 and for an order for the release of any property which might or could have been attached in execution of that judgment. Applicants also... More
The 1st Respondent shall do all such acts an sign all such documents as are necessary to pass transfer of certain piece of land called a certain piece of land situate in the District of Salisbury called subdivision D of subdivision C of Lot 15 Block C of Avondale, (the property) to the applicant within (7) days of service of this order on it, failing which the Deputy Sheriff Harare is hereby empowered and directed to do all such acts and sign all such documents on behalf of the 1st Respondent;
2. The 2nd Respondent shall approve and register the... More
1. This is an application for bail pending trial. The applicant is charged with the crime of contravening section 82(1) of the Statutory Instrument 362 of 1990 as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14] “Unlawful possession of ivory.” It being alleged that on the 4thJune 2022 the applicant in the company of an accomplice who is at large was found in possession of unmarked ivory. More
This is an application for rescission of judgment in two matters, HC 6627/10, and HC 3805/08, brought in terms of Order 49 rr 449(1)(a) of the High Court Rules, 1971. The relief sought by the applicant, is for an order in the following terms: More
KABASA J: This is an application for bail pending trial. I handed down an ex tempore judgment after the matter was argued. I have decided to provide written reasons although such have not been requested for.
The applicant who is aged 40 is facing one count of armed robbery as defined in section 126 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 and a second count of attempted murder as defined in section 47 as read with section 189 of the same Act. More
After considering the papers filed of record and hearing counsel, this Court issued the following order:
“It is ordered that:
1. The application for the trial of the applicant in case number CRB 8/2000 to be permanently stayed be and is hereby dismissed.
2. The matter is remitted to the trial judge at the High Court, Harare, for the reconstruction of the missing record, to include the reasons for conviction, proceedings and findings on the question of extenuation and thereafter for him to pass sentence.
3. The reasons for this order will follow in due course.
4. There be no... More
The applicant approached the Constitutional Court alleging that his right to personal liberty has been infringed by the first respondent, a police officer on secondment to the second respondent (hereinafter referred to as “ZACC”). The applicant asserts that the first respondent arrested him following a warned and cautioned statement, alleging that he had committed offences of abuse of office, fraud, corrupt concealment from a principal of personal interests in a transaction, and obstruction of the course of justice. More
Our job or call as judicial officers is definitely not short of its comic moments.
I never did foresee that the establishment of a third High Court in Zimbabwe at Masvingo under the good intentions of decentralisation and bringing justice to people would at times achieve the unintended. Indeed, it has opened flood gates to all manner of court processes especially by self-actors who nonetheless have the right of audience before this court. More
The applicant a Canadian citizen who is also a permanent resident in Zimbabwe and the respondent an American citizen who is also a permanent resident in Zimbabwe but has abandoned that status, married each other in Americaafter which they came to live in Zimbabwe on resident permits. They were blessed with 3 children Arielle NikoleCurle born on 27 February 1999, Keith Richard Curle born 10 September 2000 and Ashley Elizabeth Curle born on 15 January 2003, whose custody they are now fighting over. More
It is important to give a background of the matter. The background is this:-
The applicant is a member of the 1st respondent, a co-operative registered in terms of the Co-operative Societies Act (Chapter 24:05) and so registered since 1994.
The 1st respondent owns a farm known as Lot 1 of Copthal Block 2 situated in Gwanda and measuring 4551,524 hectares. The members are into cattle ranching.
The members had a dispute over the keeping of members’ personal cattle on the farm and the dispute was resolved by CHIWESHE J (as he then was) under judgment number HB 71-2002. The... More
This is an application brought in terms of section 359 (8) of the High Court Rules, 1971, to set aside the decision of the 3rd respondent, which decision confirmed the sale in execution of the applicant’s immovable property to the 2nd respondent.
The background facts are these. The applicant owns a company called TLP Agencies (Pvt) Ltd. The company owed money to the 1st respondent and the applicant was surety and co-principal debtor. The 1st respondent obtained judgment which resulted in the sale of the applicant’s immovable property in satisfaction of the debt.
The immovable property, known as Stand number... More
At the end of hearing the partiesarguments we dismissed the appeal in its entirety with costs, and indicated that our reasons would follow in due course. More
