This is an appeal against sentence. At the time the appeal was heard the appellant was out on bail. He was granted bail pending appeal within one week of having been sentenced. More
This is an urgent chamber application for stay of execution of a writ of execution against movable and immovable property issued by this court on 11 February 2022 under case number HC 1880/06 at the instance of the 1st respondent pending the determination of the legality of that writ of execution on the grounds that the judgment debt has already been satisfied in full. More
Appellant appealed to this Court against his dismissal from employment as a Revenue Officer by Respondent. The appeal was made in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
The plaintiffs herein claim provisional sentence founded on an Agreement of Settlement (the Agreement) concluded between the parties on the 22nd of July 2008 followed by an Acknowledgement of Debt (the Acknowledgement) signed on the 15th of November 2008. The total claim is for the sum of US$90,000 together with interest thereon at the rate of 20% per annum calculated from the due date of the 14th of December 2008. The defendant resists the claim on various grounds relating to the nature and correctness of the capital sum claimed under the Agreement, the application of the in duplum rule, the... More
At the onset of oral argument in this Court, the Respondent raised 2 (two) points in limine which the Applicant opposed. The points shall be dealt with ad seriatim. More
The applicants are facing one count of robbery. The allegations are that on the 24th of April 2022 the applicants in the company of seven other accomplices still at large hired a silver Nissan caravan registration number ADC 7476 from one Simbarashe Jabangwe. They were armed with an unknown type of a firearm. They wore camouflage. They proceeded toa mine known as Golden Etolpacks, ARDA Endeavour Mhangura where they threatened the security guards, tied their hands and legs and took their cellphones. More
This is an application for bail pending appeal. I heard this application on 20 July 2022 and I dismissed it ex tempore. Applicant has requested for written reasons. Here are they:- More
This is an appeal against the judgment of the Provincial Magistrate sitting at Bulawayo on 15th March 2019.
The appellant was charged with public violence as defined in section 36 (1) (a) (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Appellant pleaded not guilty but was however convicted and sentenced to 6 years imprisonment of which 1 year was wholly suspended for 5 years on the usual conditions of future good conduct. Dissatisfied with the conviction and sentence, the appellant has noted this appeal. More
Applicant was employed by Respondent as an Environmental Health Technician and was dismissed from employment following a disciplinary hearing on the 16th of January 2013 with effect from the 12th December 2011.
Applicant filed an appeal with this Court on the 19th of February 2013 against his dismissal. He has proceeded to file an Urgent Chamber Application wherein he prays for reinstatement, the same prayer in his appeal. In other words, Applicant is actually applying that his appeal be heard before the others before his. More
The applicant is being charged with armed robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). He faces a further charge of attempted robbery in contravention of section 189 as read with section 126 of the Criminal Code. The allegations are that the applicant together with four co-accused persons went to house number 1956 Emakhandeni Bulawayo on the 24th October 2019 and robbed Angeline Mapirimira. On the second count the state alleges that the applicant together with his co-accused attempted to rob ChiedzaSibanda at number 117 Matopos Road, Famona, Bulawayo. The applicant was... More
I have been asked to provide written reasons for the ruling which I made on the opposed roll on the 10th July 2017, whereat I granted Applicant the following relief;-
“IT IS HEREBY ORDERED that:-
1. The respondent and all those claiming occupation through him, be and are hereby evicted from the property described as Stand 1867 Chadcombe Township of Stand 1888 Chadcombe Township.
2. Respondent pay applicant’s costs of suit on a Legal Practitioner/Client scale.” More
This matter came to me as an opposed application. On 6 June 2018, I made the following order that;
1. The 1st respondent be and is hereby removed as an executor in Estate Samson Shana, DRB 748/13.
2. The 1st respondent be and is hereby ordered to return the Letters of Administration issued to her together with all work done to date.
3. A different and neutral Executor/Executrix be appointed by the Master in consultation with counsel for both parties.
4. There be no order for costs.
Below are my brief reasons for the order
The six (6) applicants are... More
The court allowed the appeal in this matter in default of the respondent’s filing of a response in time and not explaining to the court’s satisfaction why it so defaulted. This judgment sets out the full reasons why the court decided as it did to hand down the said default judgment.
The background to the matter is that the appellant employee noted his appeal with the Labour Court on 12 February 2015. On that same date the Registrar of the Labour Court invited the respondent to file its response to the appeal. The respondent received the request on 13 February... More
The plaintiff herein claims to have bought immovable property being a vacant stand from the 1st defendant in 2006. Till to date he has no title to the purchased property. The plaintiff thus seeks an order compelling the 1st defendant to effect transfer of the immovable property known as Stand 2993 of stand 322 Prospect Township measuring 4024 square metres (hereinafter called “the property”) within 7 days of the granting of the order. The plaintiff wants the Sheriff to be authorized to sign all papers and take necessary steps to facilitate transfer of the property should the 1st defendant fail... More
The appellant and respondent were married on 29 September 2012 in terms of the Marriages Act [Chapter5:11]. Their union was blessed with a minor child, Makatendeka Mubaiwa, born on 5 July 2013. On 16 October 2017, the respondent instituted divorce proceedings in the court a quo alleging irretrievable breakdown of their union. As such, he sought a decree of divorce and ancillary relief.
The appellant filed a plea and counterclaim wherein, whilst accepting that their union had irretrievably broken down, she proposed different terms of what she deemed equitable distribution of the parties’ various properties, fair and reasonable terms of... More
