Applicant seeks a declaratory order against the respondents. The relief sought is aptly set out in the draft and reads as follows:
“IT IS ORDERED THAT:-
1. Application for a Declaratory order be and is hereby granted.
2. The disqualification of Applicant’s bid by the second Respondent be and is hereby declared erroneous and is set aside.
3. The Applicant be and is hereby declared the Highest Bidder and the rightful purchaser of the property commonly known as stand number 10138 White Cliff South Harare.
4. The 3rd Respondent be and is hereby directed to sign all transfer documents of... More
Both parties are professional nurses. They were married at Mutare on Africa Day, 25 May 2013 and the marriage still subsists. However on 15 February 2023 applicant served respondent with summons for divorce. The marriage was blessed with three minor children, eldest being a daughter and the remainder being both boys. Eldest daughter and second are both at Chancellor Junior School, Mutare and the youngest is doing ECD at Tiny Tots in Dangamvura. More
There has been an ordinate delay in the preparation and handing down of judgment which l reserved on 4 December, 2015. The delay was occasioned by my re-assignment to the Criminal Division. The delay is regretted. More
The plaintiff and first defendant were married on 25 December 1965 at Mrewa in terms of the Marriage Act [Chapter 37] as per the then operational laws of Southern Rhodesia. This marriage was monogamous by nature. Despite the nature of the marriage between the plaintiff and first defendant, the first defendant went on to enter an unregistered customary law union with the second defendant in or about 1979 or 1980. On 8 November 1989, the first defendant registered his marriage to the second defendant in terms of the African Marriages Act [Chapter 238] and misrepresented his status as someone who... More
The appellant was convicted and sentenced after a contested trial of rape as defined in s 65 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 15 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The appellant subsequently noted an appeal against both conviction and sentence. The appellant applied for bail pending appeal before the trial court and the application was dismissed hence the present appeal against refusal of bail. More
The applicant approached the court with an application for bail pending trial. The applicant is facing two counts of criminal charges, firstly he is charged with section 45 (1) of the Parks and Wildlife Act, [Cap 20:14] hunt or kill any specifically protected animal and secondly unlawful possession of a dangerous weapon as defined in section 28 (1) (e) of the Criminal Law (codification and Reform) Act [Cap 9:23]. It is the state’s contention that the accused together with accomplices entered Matendere ranch, Save valley conservancy, Bikita armed with one AK47 rifle with a charged magazine plus 38 loose live... More
The applicant’s case is that it is a holder of a mining location registered as Tebekwe mine by virtue of a tribute agreement signed in February 2010 between the applicant as the tributor and Ngezi Mining Company Pvt Ltd, a subsidiary of SMM Holdings as the grantor. A copy of the tribute agreement is attached in support. There were subsequent renewals of the tribute agreement the last of which was on 24 September 2021 before the applicant then bought the mining location from Ngezi Mining Company Pvt Ltd. A copy of the agreement of sale is attached signed in October... More
This appeal is against the decision of the High Court of Zimbabwe handed down on 14 November 2018 upholding a preliminary point taken by the respondent that the appellant, who was the applicant in those proceedings, had no locus standi to institute legal proceedings against the respondent. At the centre of the dispute between the parties was the question whether the appellant was entitled to sue the respondent on the basis of the stipulatio alteri doctrine. More
The full facts of this matter are set out in the judgment of this court, per MUREMBA J, under case number HH 247-18 commencing at page 7 thereof.
In that matter, an application for rescission of default judgment, the Deed of Trust was not placed before the court. More
This is an appeal against refusal of bail.
The appellant is appearing at the Regional Court in Harare (sitting as a Designated Anti-Corruption Court) charged with the crime of extortion as defined in s 134(1)(a) of the Criminal Law (Codification & Reform) Act [Chapter 9:23] “The Code”. Also preferred against him is the alternative charge of bribery as defined in s 170 of the Code.
He is jointly charged with one Patrick Badza “Badza”. More
The applicant was in occupation of Glebe Farm, Goromonzi, measuring 669, 1865 hectares registered under Deed of Transfer No. 224/1996 (hereinafter called the farm). The farm was listed for compulsory acquisition by the respondent. The two parties entered into a deed of settlement which was later reduced into an order of the Administrative Court. In terms of that deed of settlement, the applicant was to retain 142.38 hectares of the farm and relinquish the remaining 526.81 hectares to the respondent. More
This is an application for a review of disciplinary proceedings held by the respondent’s Disciplinary Authority. The Disciplinary Authority sat to inquire into misconduct allegations levelled against the applicant. The disciplinary hearing did not go into the merits of the matter. The applicant raised preliminary issues relating to the procedural fairness of the disciplinary proceedings, such as the composition of the disciplinary panel. More
The applicant herein defaulted in entering an appearance to defend the summons issued against him by the respondent in case HC2038/20. As a result a default judgmentagainst him was obtained ensued by a writ of execution, consequently giving rise to this application for rescission of judgment.
The undisputed factual run up is that the respondent is resident in the United Kingdom. Through her legal practitioner, one Innocent Taruvinga,entered into two separate loan agreements with the applicant. In the first one,executed on 3 July, 2020, applicant was advanced the sum of forty-five thousand (US$ 45 000, 00). Within a space of... More
This is an application for summary judgment in terms of rule 64 which reads:
“(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
This was an application for bail pending appeal in which this court, after perusing the application and hearing counsel, this court was of the considered view that bail pending appeal be not granted as there were no prospects of success on appeal. More
