The applicant in this matter seeks interim relief couched in the following manner:
“Pending the confirmation or discharge of the order, applicant is granted the following interim relief:
1. The execution of this court’s judgment under HC 2776/19 be and is hereby stayed.
2. The 3rd respondent shall not take any steps to execute in terms of the court order dated 14 May 2020.
3. In the event 3rd respondent would have executed by the time of the order, the 3rd respondent shall restore possession to the applicant.
The facts of this matter are that the 1st respondents obtained a... More
The application under HC 8522/19 was made in terms of r 449 (1) (a) of the old High Court Rules based on two (2) grounds, namely:
(a) The order was erroneously granted in the absence of the applicant, who is an interested party and whose rights were affected by the order concerned.
(b) The said order was granted in error since the party who obtained the relief was not the one who held the claims that were forfeited by the second and third respondents. The applicant argued that the claims were registered in the names of the fourth and fifth... More
This is an application for the provisional liquidation of the first respondent and for the appointment of Theresa Grimmel as the liquidator in accordance with the requirements of the law. The application is being made in terms of s 6 as read with s 14 of the Insolvency Act [Chapter 6:07] (“the Act"). The application is opposed by the first respondent. More
The first applicant is the former owner of Wakefield Farm, Chegutu, measuring 688.64 hectares in extent. The second applicant resides on a portion of the farm measuring 353.06 hectares.The first applicant is the holder of the offer letter in respect of sub division 2 of Wakefield, 280 hectares in extent More
This is an application for bail pending appeal. After a contested trial applicant and others who are not part of this application were convicted and sentenced by the Regional Magistrate sitting at Bulawayo on the 11th February 2022. They were convicted and sentenced on one count of contravening section 82(1) of S.I. 362/90 as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14], as amended in section 11 of the General Law Amendment 5/2011(possession of raw unmarked / unregistered ivory). They were sentenced each to the minimum mandatory imprisonment of nine years. Aggrieved by both conviction and... More
This court has no choice but to rely on the evidence of the plaintiff, who was a party to the agreement, he told the court how he occupied the property being the subject matter of this dispute. He told the court how he paid for the property and produced bank deposit receipts into the deceased’s bank account in South Africa. He occupied this place from 2001 to date. The defendant’s witness, told the court that she is not aware of any payments of rates by the deceased estate, neither is she aware of any rentals being paid by the plaintiff... More
On the 11 September 2019, plaintiff sued out a summons against the defendant praying for an order of divorce and other ancillary relief. On the 8 September 2020, a pre-trial conference was held before a judge of this court. The presiding judge referred the matter to trial. The trial was set down for the 10 November 2020. A copy of the notice of set-down was served on defendant’s legal practitioners on the 6 October 2020, and on plaintiff’s legal practitioners on the 7 October 2020.
In anticipation of the trial date, defendant filed an affidavit in support of an application... More
In this application, applicant seeks a declaratory order to the effect that 4th respondent’s attachment, subsequent sale of applicant’s undivided share in her matrimonial home and also his failure to immediately remit her share of the proceeds of the auction thereof were unlawful. More
TAKUVA J: This is an application for bail pending trial. Applicant is on remand on one count of murder and six counts of attempted murder. The allegations are that on 9 February 2021 at approximately 01:00 hours, the applicant proceeded to the complainant’s homestead where upon arrival sprinkled some inflammable liquid around a three bedroomed house and set it on fire. Inside the house were 7 occupants sleeping in different rooms. One of the complainants Robert Donga a75year old man was seriously burnt and he died the following day. The other six who are aged 51 years, 22 years, 19... More
This matter was set down in motion court on the 26th January 2023. It is a review application seeking the following relief:
“1. The decision of the magistrate sitting at Lupane under case number LPN 166/19, wherein the applicant was convicted and sentenced to 9 years mandatory minimum sentence is hereby set aside and substituted with the following order:
“The trial be heard de novo before a different magistrate.”
2. No order as to costs.” More
This is an application for bail brought in terms of section 116 (2) (ii) of the Criminal Procedure and Evidence Act (Chapter 9:07). The applicant is facing one count of robbery as defined in section 126 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant denies the allegations and maintains that he has been wrongly implicated. Applicant and his co-accused filed an application for bail in this court on 17th February 2023. Under HB-38-23 DUBE-BANDA J dismissed the application for bail on the grounds that applicants were a flight risk given the fact that they faced serious... More
: This is an urgent application in which the applicant seeks to interdict the first and second respondents from forwarding the name of the third respondent for appointment as substantive Chief Ngezi. More
On record is a letter by 1st respondent’s Secretary (Minister) in terms of which she approved applicant’s (employee) retrenchment by 2nd respondent (employer) subject to certain terms and conditions. This was after the employer and employee deadlocked during their negotiations over the retrenchment package. Amongst the terms and conditions set by the Minister was that the employer would pay the employee service pay at the rate of 1 ½ months pay per each year of service. The employee was aggrieved by that condition. Accordingly she filed the present application for review of the Minister’s determination. More
Appellant was charged with misconduct in terms of section 44(2)(a) as read with paragraphs 8, 9 and 24 of the first schedule of the Public Service Regulations 2000 Statutory Instrument 1/2000. More
On 26 July 2016 I struck off an application for condonation filed by the applicant. Applicant requested for reasons and these are they. The applicant applied for condonation of late noting of an application for rescission of judgment.Before the matter proceeded into the merits the respondent raised a preliminary point that the applicant is approaching the court with dirty hands and therefore should not be heard. More
