The accused was charged with contravening s 3(2) (a) as read with s 3(3) of the Gazetted Land (Consequential Provisions) Act, [Cap 20:28] in that during the period extending “from 21 November 20011 to date, JephanyTafirenyikaMwaluzah being an illegal settler or occupier of subdivision 1 of subdivision A of Lanark Farm, a piece of land situated in Beatrice and registered in the name of Kanjara Enterprises Limited, unlawfully and without authority from the acquiring authority, failed to cease to occupy the farm after its compulsory acquisition and allocation to ShunguMachingura”. He was charged in the alternative with criminal trespass as... More
The applicant and others are presently on trial in the High Court on allegations of theft of gold. The applicant faces a charge of defeating or obstruction the course of justice in contravention of section 184 (1) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. This charge arises from investigations into the theft of 28kgs of gold from Plumtree Police station Armoury on 15 August 2018. More
: On 6 October 2009 the plaintiff issued summons out of this court against the two defendants claiming US$3 013.00 being the cost of repairs caused to his motor vehicle by the alleged negligent driving conduct of the second defendant who was employed by the first defendant as a driver.
The basis of the plaintiff’s claim was that his motor vehicle was damaged as a result of the second defendant’s driving conduct at the corner of Willowvale and Nyandoro Road, Harare. More
On 23 January 2014 I granted an order in favour of the plaintiff. I did indicate that my reasons would follow. Here they are:
It never ceases to amaze me how simple contractual agreements entered into by parties with honest intentions end up being sources of disharmony warranting the intervention of our courts as adjudicators. More
This is an appeal against the Magistrate’s decision allowing the respondent to amend her summons in the court below. The context is as follows: In 2014, the appellant accidentally damaged the respondent’s car which he was driving without the respondent’s consent. In November 2016,the parties entered into an agreement whereby the appellant accepted liability. A memorandum of agreement was then signed in which the appellant and one other undertook to replace the vehicle within three months. It was further agreed that there placement vehicles should not exceed 100 000 km and that the value of the vehicle was US$4500.00. The... More
This is an appeal against an arbitral award.
The appellant was employed by the respondent on monthly fixed term contracts as a rigger for a period spanning two years. The last such contract expired on 31 August 2010. This was then replaced with a contract running from the 1 to 5 September 2010. This last contract was not renewed. More
This is an unopposed claim for general damages for an assault perpetrated upon the plaintiff at about midnight on 13 October 2009, by fourth, fifth and sixth defendants who are police officers. The plaintiff’s declaration merely narrates the events which or evidence of what occurred on the day in question rather than pleading the facts which constitute the cause of action. The declaration contains material which should be found in an affidavit rather than in a pleading. No wonder then that the affidavit of evidence filed in support of the quantum largely reproduces the contents of the declaration. Also, the... More
It is common cause that during the course of the year 2022, the third respondent undertook a delimitation exercise of the electoral boundaries into which Zimbabwe is to be divided in fulfilment of the provisions of ss 160 and 161 of the Constitution of Zimbabwe (“the Constitution”). On 20 February 2023, following the observance of the prescribed constitutional processes, a final delimitation report was gazetted by the fourth respondent. The report was published as Statutory Instrument 14 of 2023. The first and second respondents alleged that the final delimitation report was invalid as it fell short of the requirements of... More
This is an application for quantification of damages.
The parties appeared before me on 2 September 2013. The matter was postponed to enable parties to pursue the possibility of an out of court settlement. In that hearing Counsel for the respondent had an offer of nine thousand US dollars (US$9 000.) which the applicant was to consider. Counsel for the applicant indicated that they needed time to consider how payment was going to be done. More
A brief resume of the broadly common facts in this case are as follows:-
The plaintiff is a citizen of Zimbabwe residing in this country and was the registered owner of a toyota hiace bearing registration number AAZ 7054 (the vehicle). More
This is an application for bail pending trial. At the hearing of the application the state conceded to 1st, 5th, 8th, 9th and 10th applicants being granted bail. They were accordingly granted bail. However, for 2nd, 3rd, 4th, 6th and 7th applicants the state opposed bail arguing that they are a flight risk. More
This civil trial matter was heard on 5 February 2025. Before the commencement of the trial, the plaintiff’s counsel made an oral application for a postponement of the matter. After hearing oral submissions from the parties’ legal practitioners, the court issued an ex tempore judgment the operative part of which was that the application for a postponement was dismissed. Following the dismissal of the application and the court being satisfied that the plaintiff was not present, I proceeded in terms of rule 56(3) of the High Court Rules, 2021. Consequently, the court granted judgment in favour of the first defendant... More
This matter came before me through the chamber book on 16 April 2012. I directed that it be heard on an urgent basis as I considered the requirements for the procedure fully met. It was set down for hearing on 20 April 2012. Counsel for the respondent argued at length in favour of the grant of the provisional order. Mr Samukange, for the applicant, in the end conceded that without specifically pointing to the basis for reasonable apprehension of unlawful detention, which his client feared the respondent was about to effect, the court could not interdict the respondent from requiring... More
The plaintiff hails from Nigeria and is in Zimbabwe on a permanent residence permit. His country of origin would have deserved no mention whatsoever in this judgment were it not for an unjustified attack on the people of his nation and other foreign nationals by the Cranford Court Home Owners Association, (“the association”), a voluntary organization that owns and administers a block of flats in Central Avenue, Harare. More
The applicant in this matter approached the court seeking an order of this court for an order to compel the respondent to transfer property situate at 585 Quinnington Township of Lot 1A Quinnington Township 8422 square metres, otherwise known as No 90 Crowhill Road, Borrowdale Harare (hereinafter referred to as “the property”) to himself. The applicant also sought that, should the respondent fail to comply, the Sheriff or his lawful deputy be authorized by this court to sign the necessary documents to facilitate the transfer into the applicant’s name. The background of the facts are as follows: Sometime in March... More
