The Applicant seeks an order that:-
a) The second respondent be ordered to delete the entry in his register relating to first
Respondent register number SMS/96/81 now HMS/96/81 and any other entry that was made on the basis of the entry aforementioned; and
b) Respondents be interdicted from registering such Birth registry with ‘Mubaiwa’ as the first respondent’s surname. More
The applicant is a 20 year old resident of Chikowore village, Chief Chipuriro in the Guruve area. He was arrested and detained in custody on 26 June 2012 on allegations of aggravated indecent assault as defined in section 66 (11) (a) of the Criminal Law (codification and Reform) Act [Cap. 9:23]. More
The appellant was convicted by the court of the magistrate for the crime of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The first respondent, Masaisai Trust (the Trust) was born on the 8th March 1999 and it established itself at Corner Lorraine Drive & Neil’s Way Bluffhill Westgate, Harare. Kenias Mafukidze (1st applicant), Anna Brazier, Reuben Gwatidzo (2nd respondent), Charles Howat (5th respondent) and Mugove Walter, Nyika being the founding trustees and settlers. The Trust was established for a fundamental noble idea of forming an educational institution with educational facilities which produces well rounded pupils. It was to be administered by not less than five (5) and not more than ten (10) trustees. The first Trustees were to hold office for... More
The plaintiff was at some stage of the administration of the first defendant’s estate appointed to act as its curator, and later for a shorter period as its executor dative. He for the services he rendered to the first defendant claims fees in the sum of US$160 788.98, plus interest at the prescribed rate from the date of summons to the date of payment in full. The fees he claims were taxed by the Master’s office. They are therefore a liquidated claim. More
This matter was referred to me in chambers in terms of the provisions of Order 38, Rule 313 of the High Court Rules, 1971. The basic background is as follows:- More
This is an application for summary judgment in the sum of US $160 788.98. On 5 January 2011 the plaintiff issued summons for payment of US$160 788.98. In his declaration the plaintiff avers that he was appointed Curator Bonis of the estate of the late MuchineripiRishoniGonyora by the third defendant herein, the Master of the High Court. In that capacity he rendered professional services on behalf of the estate. On 3 March 2010 at a taxation hearing conducted by the second defendant he was awarded fees for the duties he had carried out. The award of fees was subsequently confirmed... More
This is an appeal against a decision of the Respondent’s Chief Executive Officer as the appellate body of the respondent which upheld the decision to dismiss the appellant from employment.
Having been aggrieved by the decision to dismiss him, the appellant appeals to this court on the following grounds:
(i) The employer grossly erred in convicting the Appellant in terms of Statutory Instrument 15/2006 yet the appellant was served with changes relating to Statutory Instrument 67/2012.
(ii) The appellant was charged with a non-existent offence.
(iii) There was inequality before the law.
(iv) There was no evidence warranting conviction.
(v)... More
The two records of proceedings suffer from the same procedural irregularity in relation to the disposal of the cases by way of trial on a guilty plea procedure as provided for in terms of s 271(2)(b) as read with s 271(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. The cases were dealt with by the same Magistrate at Mount Darwin Magistrates’ Court. More
This is an application by the defendants for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim which was instituted by way of summons is for payment of a sum of US$150 000, being damages for malicious allegations against the plaintiff, resulting in pain, inconvenience, injury to reputation, self-esteem and serious depression; US$10 000 being loss of income as a result of unlawful closure of plaintiff’s business stand from 6 October 2015 to 22 October 2015; US$12 460 being loss of income as a result of the unlawful closure of plaintiff’s business stands for the... More
: The dispute in this matter concerns a piece of land of substantial hectarage situate in the district of Goromonzi called remaining extent of Stuhm measuring 1074.7410 hectares. The property was registered in the name of Cecil Michael Reimer under deed of Transfer No. 3032/87. Consequent upon obtaining a subdivision permit to divide the land, Reimer created subdivisions called Lot 1 measuring 583.1360 hectares and Lots 2 and 3 measuring respectively 412.1091 hectares and 79 4959 hectares. The lots were sold respectively to TBIC Investments and registered under Deed of Transfer No. 1724/09 for Lot 1; to Damall Investments and... More
I have decided in the two cases above that it would make justice “turn on its head” if I did not grant relief to the applicant. These cases were heard together. The parties had agreed to such a course of action. More
This is a chamber application which was made in terms of r 39 (4) of the Rules of the Supreme Court, 1964. The applicant was seeking an order to lead further evidence in a matter which had been heard on appeal in this court and was awaiting judgment. More
On the 25th of August 2022, I granted a provisional order with the following interim relief:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable court why a final order should not be made in the following terms:
1. The 2nd respondent be and is hereby ordered to restrain from any action whatsoever on, or with respect to, the piece of land called the remaining extent of Stuhm situated in the District of Goromonzi in Mashonaland East Province measuring 583.1360 hectares until the matter under HC 5231/22 matter (sic) is finalized.
2. The 1st, 2nd and... More
This is an application by an accused in a criminal trial for a review of the decision of the Magistrate sitting at Harare dismissing his application to alter his plea from guilty to not guilty after verdict.
The accused had pleaded guilty to a charge of contravening section 27 of the Fire Arms, [Chapter 10:09] before the magistrate on 15 October 2003. The plea was dealt with in terms of section 271(2)(b) of the Criminal Procedure and Evidence Act, [Chapter 9:07].
The accused was initially unrepresented.
The charge was put. He pleaded guilty. Agreed facts were read to the accused More
