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
This is an application in terms of s 4 of the Administrative Justice Act [Chapter 10 :28] (AJA) in which applicants are seeking:
(a) An order declaring that first respondent did not comply with s3 of the AJA in the process leading to the award of a certificate in favour of the fifth respondent dated 21 September 2022.
(b) Consequential relief in the form of an order setting aside the environmental impact assessment certificate number 8000112357 dated 21 September 2022.
(c) An order directing the first and second respondent’s to consider the submission on behalf of the applicants and thereafter... More
This record of proceedings has been endlessly shuffled between Harare High Court and Masvingo High Court since the conviction and sentence of the accused and his co-accused in 2019. More
The short history of the matter is that on or about 19 February 2018, the applicants were involved in a shooting incident. On 20 March 2018, they issued summons out of this Honourable Court against the 5 respondents. They alleged in their declaration that first to third respondents, “mercilessly shot and assaulted them” on 19 February 2018 thereby causing them serious injuries. The forth and fifth respondents were sued in their various positions as employers of the first, second and third respondents. That matter was filed under case No. HC 2589/18. It is currently at the pleadings stage. More
On 5 December 2022 plaintiff issued summons against first defendant claiming:
(a) an order for the cancellation of the transfer of a certain piece of land situated in the district of Salisbury called stand number 357 Mandara Township of Lot 5 Mandara of the Grange, measuring 1, 0549 acres registered in favour of the first defendant under Deed of Transfer number 6751/2022.
(b) an order for registration of the property into Christy Wilkinson’s name under Deed of Transfer number 5277/1968.
(c) an order for the second defendant to cancel Deed of Transfer number 6751/2022 registered in the name of the... More
The applicant is one of the two surviving children of the late Norman Katsande and a beneficiary to his estate. He also purported to be acting on behalf of the other surviving child of the late Norman Katsande, namely, Milenda Tinashe Katsande who is still a minor. More
The appeal was noted in terms of Section 51 of the Public Service Regulations, Statutory Instrument I of 2000against a determination of the Disciplinary Authority of Judicial Service Commission handed down on 27 October 2011 which determination found the Appellant guilty of ‘Any act or omission inconsistent with prejudicial to the discharge of official duties including abuse of authority” and imposed a dismissal penalty with effect from 18 August 2011. More
The parties were in an unregistered customary law union entered into in 2010 which was dissolved in December 2021. During that time they had two children, one in 2010 and the other in 2016. The parties are before me in relation to the plaintiff’s claim whereby she seeks 50% of the value of a stand described as Stand No.7989 Fidelity, Southview Park, Phase 2 Harare. In addition she seeks the full value of one of the vehicles described as a BMW Registration Number AEE 3546 also acquired during their union. The summons were issued on 11 February 2022. Since at... More
This is an application for quantification of damages. This quantification came after the appellant who was employed as a Bank teller was dismissed by the respondent for failing to comply with standing instructions. Appellant appealed to the National Employment Council for the Banking Appeals Board and the board upheld his appeal. The Board ordered that appellant should be reinstated without loss of salary and benefits. The appellant (Stanbic Bank) then appealed to this court against this decision on the 20th of June 2011. More
Appellant was charged with one count of rape in terms of section 65 of the Criminal (Codification and Reform) Act [Chapter 9:23]. He pleaded not guilty. However after a trial had been conducted, he was found guilty of rape and sentenced to 12 years imprisonment of which 3 years imprisonment were suspended for 5 years, on condition that accused did not convict an offence of a sexual nature for which he is imprisoned without the option of a fine. More
