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
The plaintiff claimeddamages against the defendant in respect of his shop at Murehwa Centre which was gutted by fire at midnight on 8 August 2009. At all material times the defendant,through his company, was renting the shop in terms of a written agreement of lease. The grounds of the plaintiff’s claim were that the defendant’s employees had been negligent in that on the night in question they had neglected to switch off power to the electrical appliances in the shop, especially the chip fryer, resulting in the cooking oil in that appliance overheating to boiling levels leading to an explosion... More
The plaintiff is a male adult residing at Stand No. 12385 Unit N, Seke, Chitungwiza. The first defendant is a son to the late Abbie Ngwenya.
The second defendant is a son to the late Ururu Nhamburo.
The third and fourth defendants were cited in their official capacities. More
On the 23 April 2015, the plaintiff sued the defendant for damages in the sum of US$11 700.00 and costs of suit.
In the suit, the plaintiff alleged that sometime in February 2014, he engaged the services of the defendant to represent him in a labour dispute that had arisen between him and his three domestic workers. More
On the 1st of October, 2020 I delivered an ex-tempore judgment wherein I granted an application for condonation for the late filing of a review application. The respondents have since requested for the full reasons thereof, and these are they. More
The plaintiff, a banking institution registered in Botswana, instituted proceedings against the four defendants for payment of a total sum of US$777 380-05 being money advanced to the first defendant as a loan sometime in 2009, together with interest. The plaintiff also sought costs of suit on the scale of legal practitioner and client as well as collection commission. More
