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
This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court, sitting in Beitbridge, on a charge of robbery in contravention section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are briefly as follows: in that on the 19 July 2020, applicant used violence or threats of immediate violence and forcibly took cash amounting to ZAR 14 000.00; a Huwei Y9 blue in colour IMEI number 860673040578786; a Sonny Xperia black in colour IMEI numbers 352562100128050 / 357751107509595, being the property of Kurureni Mukwena. Applicant pleaded not... More
The appellant was convicted at Mutare for contravening s 93 (1) (b) that is kidnapping or unlawful detention, it being alleged that on Saturday, 6 August 2019 at Zuva Service Station, near Mutare Polytechnic, Mutare, the appellant lifted and carried Pressly Tafara Mubaiwa, a juvenile, on shoulders and attempted to put him in the boot of a Toyota Runx. He had pleaded not guilty and he was sentenced to 24 months imprisonment. 6 months imprisonment was suspended for 5 years on the usual conditions of future good behaviour. More
The applicants approached this court on a certificate of urgency seeking the stay of execution of a judgement granted by consent pending an application they made in terms of rule 449(1) (b) of the High Court rules 1971. More
The records of proceedings in the above matters were placed before me on review in terms of s 57 of the magistrates court Act, [Chapter 7:10]. In all the record of proceedings, the accused persons appeared before the same magistrate for the province of Mashonaland, viz, T.A. Chamisa Esquire. The learned magistrate aforesaid disposed of each of the matters by way of trial of the accused upon the guilty plea procedure. The guilty plea procedure is provided for in terms of sections 271(2)(a) and 271(2)(b) of the Criminal
Procedure & Evidence Act, [Chapter 9:07]. In terms of distinction between the... More
This is an appeal against conviction on a charge of contravening s 52(2)(a) of the Road Traffic Act [Chapter 13:11] (Negligent driving). The appeal against sentence was abandoned at the hearing.
The appeal is opposed by the respondent. More
The plaintiff issued out summons claiming outstanding rentals, holding over damages and monies outstanding from electricity consumption by its tenants. The brief background to his matter is as follows. The parties entered into a verbal lease in terms of which the defendant leased stand 17018 Graniteside, Harare, a factory from the plaintiff for the period 2003 to May 2014 More
The applicants approached this court seeking an order in the following terms:
“1. That respondent is interdicted from supplying the following components produced from molds or patterns furnished by 1st applicant to respondent to any person other than 1st applicant or a company that he represents;-
Feeder Chamber
Chamber Compression
Head
Single Flight Worms
Double Flight Worms
Steam Locks
Bearing Housings
Clamp Halves
Drive Pullies”
The background to the matter is that the respondent is in the business of producing castings which it sells to customers including the applicant. More
The applicant has approached this court on an urgent basis seeking what is in essence spoliatory relief, restoration to a portion of the respondent’s hotel known as Rainbow Towers Hotel and Conference Centre situated at the second mezzanine floor of the prestigious hotel. The applicant also seeks an order allowing it to continue operations at that portion of the hotel without interference and to be allowed free access to its tools, material and machinery which it placed at that location and related relief. More
This was an appeal from a decision of the magistrate’s court. We dismissed it soon after argument and gave reasons ex tempore. The appellant has now sought written reasons. More
This is an application for summary judgment in terms of rule 64 which provides:
“(1) Where the defendant has entered appearance to a summons, the plaintiff may, at any time before a pre-trial conference is held, make a court application in terms of this rule for the court to enter summary judgment for what is claimed in the summons and costs. More
