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
These were two cases in one. Except for the different applicants everything else was the same. So the parties agreed to have the matters combined for argument. It was expedient. More
DUBE-BANDA J: This is an application for bail pending trial. Applicant is charged with the crime of robberyas defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 14 June 2021, at about 23 45 hours, the applicant in the company two persons still at large approached the complainant who had parked his motor vehicle a Toyota Hilux at Total Garage, in Bulawayo. Applicant and his accomplices are said to have produced a rifle and a pistol which they used to threaten the complainant before pulling him out of the... More
This is a Chamber application in which the applicant sought an order in terms of the draft. The applicant and the fourth respondent consent to an order of the Court in terms of the draft order, as amended. The third respondent’s position is that he will abide by the decision of the Court. More
This application is brought in terms of section 3(1) (a) of the Administrative Justice Act [Chapter 10:28] and it seeks a review and the concomitant setting aside of respondent’s decision to withdraw applicants’ offer letter in respect of Remainder of Patterson Farm which is 622.9125 hectares in extent (the farm). It also seeks the setting aside of the respondent’s directive for the applicants to cease occupation and use of the farm. More
The applicants in this matter are all duly elected Members of Parliament. The 1st respondent is the Clerk of Parliament, cited herein in his official capacity. The 2nd respondent was elected to the position of Speaker of the House of Assembly on the 25th of August 2008. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court by Jonathan Tavarwisa (Applicant).
In terms of Rule 36 of the Labour Court Rules SI 59/2006 (The Rules) a party wishing to appeal to the Supreme Court against a Labour Court decision, shall file an application for leave to appeal with the Labour Court within 30 days of the date of the judgment to be appealed against. More
The appellant appeared at the Magistrates Court sitting at Bindura facing 3 counts of aggravated indecent assault and 4 counts of indecent assault as defined in terms of section 66 (1) (a) (ii) and 67 (1) (a) (ii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], respectively. More
The appellants were arraigned before the Magistrates Court facing allegations of contravening s 368(1) as read with 368(4) of the Mines and Minerals Act [Chapter 21:05] prospecting for Minerals without a permit or a licence. Both appellants were convicted on their own pleas of guilty and sentenced to the mandatory sentence of 2 years imprisonment each as there were no special circumstances. Irked by the conviction the appellants lodged the present appeal which the respondent is not opposed . More
On 9 December 2015 interim relief was granted in favour of the appellant employer so that the main appeal could be finalised. Since then nothing happened to the matter suggesting that there is no interest to have the appeal concluded. This has occasioned this court to invoke provisions of Section 89 (2) (a) (1) to dispose of the appeal on the papers. More
The first respondent sought to recruit a principal at its college. The first respondent flighted an advertisement to that effect. The second respondent was interested in the post and he was one of those who responded to the advertisement. The second respondent was shortlisted and he went through the selection process. He was eventually offered the position and he accepted to work as a principal with the respondent’s college More
