The appellant, Maxwell Marangwandaaged 56 years, was charged and convicted of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where it is alleged that on 29 August 2018 at Nyachityu Business Centre, Marange, Mutare, the appellant hit Patson Chakawanda twice on his arms with an iron bar. On 27 February 2019 the appellant was sentenced to 12 months imprisonment of which 3 months imprisonment was suspended for 2 years on condition accused does not during that period commit any offence involving violence for which he is sentenced to imprisonment without... More
This is an appeal against the order by a Magistrate sitting at Harare Magistrate Court. The Magistrate rendered an order dismissing the application for stay of execution launched by the appellant More
BHUNU J: The facts leading to this urgent chamber application are as follows:
Certain property in question, cited as Inyanga Block (Folio No. 6151, Title No. 1813/61) at one time belonged to William Antony Igoe, who sold this property to the Government of Zimbabwe in 1986 resulting in the cancelling of the Deed in terms of the Rural Land Act Chapter 20:18. He however retained certain rights over the transferred land, which were specified in a written agreement that was to expire at the end of a period of 25 years after the transfer. These rights included among others, the... More
This matter is a prime example of why litigants should seek legal advice and instruct legal practitioners to represent them in order to better articulate their claims in accordance with the relevant principles of law. As I shall show, this is a case which I find to be so hopelessly convoluted and muddied that I ought to have dispensed with it ex tempore but have been forced to write a judgment in order to ensure plaintiff understands the shortcomings of his case so that in future he either seeks expert and skilled legal advice to assist him decide whether and... More
I heard this opposed application on 20 January, 2022. I delivered an ex tempore judgment in which I dismissed it with costs.
On 27 January, 2022 the applicants wrote to the registrar of this court. They requested full written reasons for my decision. My reasons are these:
Maxwell Matsvimbo Sibanda and Gladys Sibanda who are respectively the first and second applicants in casu are husband and wife. They are both the judgment debtor in interpleader proceedings which the court of the magistrate determined on December, 2020 under case number 10791/19. Gladys Sibanda, the third applicant in casu, is their daughter.... More
The appellants who are husband and wife are appealing against the whole judgment of the Magistrates Court in Case No. 10791/19 handed down at Harare on the 30th day of September 2020. The court a quo had dismissed the appellants’ threefold applications for condonation for late filing of an application for review, review of taxation and stay of execution. The threefold applications were in respect of an earlier court order evicting the appellants from the premises known as No. 593 Prince Road, Borrowdale Brooke, Harare where they were renting.
The appellants who are self- actors’ four grounds of appeal are... More
: The applicant seeks an order in the following terms, that:
“1. The 8th respondent be and is hereby joined to the proceedings under case number HC 3203/18.
2. Costs be in the cause.”
The applicant states that he was a lessee of a property owned by the first respondent.
The parties agreed that the applicant could effect renovations and improvements on the property, which he did. In due course sometime in August 2005 the first respondent offered the applicant the property for USD 220 000. The sale did not materialise due to the first and second respondents’ fault. In... More
On 28 February 2007, the plaintiff entered into a deed of sale with the defendant for the purchase of an immovable property being subdivision B of subdivision D of subdivision A of Lot 4 of Lot A of Colne Valley of Rietfontein otherwise known as 47 Addington Lane Ballentine Park, Harare. More
: This application was heard on 10 November, 2021 and judgement was reserved. The applicant is a self-actor. The applicant wrote a follow up letter dated 22 February, 2022 on when judgement could be expected to be delivered. Messrs Wintertons legal practitioners per Mr Wilssmer had also written on behalf of the third and fourth respondents enquiring on the reserved judgement by letter dated 14 February, 2022. Messrs Mark Stonier legal practitioner on behalf of the sixth respondent and through the hand of Mr Mark Stonier himself wrote a follow up dated 26 April 2022. More
This is an urgent chamber application in which the following order is sought:
“ IT IS HEREBY ORDERED THAT:
1. The first respondent his agents proxies and assignees be and are hereby ordered to restore forthwith to the applicants possession of Garth farm.
2. The first respondent, his agents and assignees be and are hereby ordered to forthwith vacate Garth farm upon being served with this court order.
3. Costs of suit shall be borne by such party or parties who oppose thus application jointly and severally the one paying the others being absolved.” More
: The appellant was arraigned before the Regional Magistrate, Mutare, facing allegations of attempted rape as defined in s 189 as read with s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] after a protracted trial the accused was convicted of attempted rape and sentenced to 10 years imprisonment of which 3 years imprisonment was suspended on conditions of good behaviour. The appellant was dissatisfied with the conviction and hence he lodged the present appeal. More
. The applicant is a son to the late Jayison Mukuro. He is however not born of first respondent. The first respondent is a surviving spouse of the late Jayison Mukuro. She was duly appointed executor of the Estate late Jayison Mukuro. More
The plaintiff and the defendant who are husband and wife respectively married each other in terms of the Marriage Act [Cap 5:11] at Harare on 22 March 2007. Hitherto the plaintiff and defendant had entered into a customary law union in 2004 which marriage they upgraded as it were in 2007. More
This matter came before us as an application for confirmation of the ruling of the applicant in a matter concerning the first respondent and the second respondents being Richard Mwanza and 22 others.
On the 24th of July 2015, the first respondent gave Richard Mwanza and 22 others, three months’ notice of intention to terminate contracts of employment between them. In the letters of notice to terminate, the first respondent indicated that the decision had been reached due to the declining company performance. More
