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
This is an application for the review of a decision by the (ZCTU) Zimbabwe Congress of Trade Unions to retire its Secretary General, one Moyo, upon the attainment of age 60 years. Moyo was not happy about the decision to retire him at 60 years. He therefore filed the instant application where he seeks that such a decision be reviewed and set aside. He prays that in its place he be reinstated to his job without loss of salary and benefits. ZCTU is opposed to the grant of review relief. 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
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
