This is an application for joinder to join the applicant to action proceedings filed by the first respondent under HC 3383/20 seeking to invalidate the acquisition of the farm which the applicant is occupying as a beneficiary. The present application is made in terms of r 32(12)(b) of the High Court Rules, SI 202 of 2021. More
This is an appeal against the whole judgment of the High court handed down on 11 October 2018, dismissing the appellants’ application with costs on the higher scale. More
This is an appeal against the whole judgment of the High court handed down on 11 October 2018, dismissing the appellants’ application with costs on the higher scale. More
This court application was filed on 14 December 2017 by the 4 applicants against the respondent under the heading:
“Court application for correction and or variation of a default judgment in terms of rule 449 (1) (a) & (c) of the High Court Rules of Zimbabwe, 1971 and or for Debatement of an account.”
The applicants prayed for an order in the following terms which order has also been drawn in the alternative More
The appeal was noted as against an arbitral award dated 27 January, 2015 the operative part of which reads as follows;
“AWARD”
“Wherefore after carefully analysing the facts and law, I make the following award
That the claimant’s claim of unfair dismissal is hereby rejected.” More
The first, second and third applicants are siblings, and, together with two others who are not party to these proceedings hold title to stand number 1027 Chegutu, Pfupajena Township measuring 205 square meters. In reality they have occupied land which is on stand 1028 Chegutu, Pfupajena Township, for more than 20 years and have always considered this land to be theirs. More
litigant who makes a conscious decision to sue through motion, as opposed to action, proceedings is enjoined to anticipate the respondent’s defence. Having anticipated such, he must include in his founding affidavit all the evidence which supports his case including such evidence as will rebut the respondent’s defence. Where he adopts the stated line of reasoning, the court will not find him wanting when he restates his position in the answering affidavit as he will merely be confirming what he has already told the court. More
This is an appeal against the judgment of the High Court (the court a quo) granting the respondent leave to appeal to the High Court against the appellant’s discharge at the close of the State case at the Magistrate’s Court. At the conclusion of the hearing we dismissed the appeal and indicated that our reasons will follow. These are the reasons.
FACTS
The appellant was arraigned before the MagistrateCourt charged with: -
1. Contravening Section 3(1) (a) of the Precious Stones Trade Act [Chapter 21:06] and;
2. Contravening Section 3(1) (a) of the Gold Trade Act, [Chapter 21:03].
In the... More
This is an application for condonation of late noting of appeal and extension of time to note an appeal. Applicant gave a power of attorney to Erickson Mvududu (Erickson) to handle matters concerning House Number 14084C, New Zengeza 4, Chitungwiza, on her behalf as she is in Australia. More
On 3 October 2005, the plaintiff lodged with the Registrar of this court an urgent application for interim custody of her son Brandon. On 4 October 2005 a certificate of service was filed by the legal practitioners of the plaintiff confirming that service had been effected at the respondent’s residence. I enrolled the matter for 6 October 2005. At the appointed time there was no appearance by the defendant and I therefore issued a provisional order in terms of which the applicant was given immediate custody of the child. When the order was served on him, the defendant then filed... More
Appellant was charged and convicted of three counts of robbery by the Magistrates court sitting at Chinhoyi Regional Court on the 31" of May 2022. He was sentenced to six years imprisonment on each of the three counts. Three years imprisonment was suspended with conditions from the combined total of 18 years. He was left to serve 15 years in custody. Aggrieved by that decision, he has appealed to this court against both conviction and sentence in all the three counts. More
This is an appeal against a determination of the second respondent dismissing the appellant’s claim for underpayment by the 1st respondent. The appellant also filed a review against the 2nd respondent’s determination. The matters are unopposed. I have written this judgment simply to clarify the provisions of the relevant rule of this Court. More
At a pre –trial conference held in this matter, the parties agreed to proceed by way of stated case. The agreed facts are as follows;
1 The plaintiff is KDV FOAM MANUFACTURERS (PRIVATE) LIMITED, accompany duly incorporated according to the laws of Zimbabwe, who carries on the business of, inter alia, the manufacture of mattresses. More
The two applicants were convicted on their own pleas of guilty to a charge of stock theft. They connived and with common purpose proceeded to the complainant’s cattle kraal on 15 March 2011 in the dead of night at 2200 hours.
Once at the cattle kraal they stole and drove away two oxen with the intention of selling the two beasts. Police acting on information arrested the accused and recovered the two stolen beasts. More
