This was a criminal appeal from the magistrates’ court. It was against both conviction and sentence. The appellant was convicted of theft of trust funds as defined in s 113[2][d] of the Criminal Law [Codification and Reform] Act, Cap 9:23 [“the Code”]. The amount involved was $2 500. He was sentenced to a fine of $400, or in default thereof, three months’ imprisonment. He was also sentenced to an additional twelve months imprisonment of which six months’ imprisonment was suspended for five years on the usual condition of good behaviour. The remaining six months imprisonment was suspended on condition that... More
The applicant purports to make an application for bail pending appeal. I use the term purport on account of the procedural incongruity of seeking bail for someone who is not in custody. More
The plaintiff is a female adult. The first, second and third defendants were cited in their official capacities.
On 17 December 2003 the plaintiff sued the defendants seeking payment of:-
1. Z$ 300 000 being damages for pain and suffering and
2. Z$250 000 being damages for contumelia.
The plaintiff alleged that on 2 June 2003 she was part of a group of demonstrators which was marching from Highfields suburb towards the city of Harare. Along the way they were confronted by members of Zimbabwe National Army herein after referred to as ZNA. Commotion ensued and the plaintiff fell down... More
1. This matter was set down on the unopposed motion court and was being postponed to enable plaintiffs’ counsel to file supplementary heads in support of the order sought. The matter was finally heard by me on 16 June 2022. After hearing submissions in support of the order sought by the plaintiffs I reserved judgment. More
This application for a declaratur seeks the following relief:
“IT IS ORDERED THAT
1. The Applicant be and is hereby allowed to join the Public Service Commission and capable of being employed as a teacher if she meets the desired job description.
2. The Respondents’ conduct against the Applicant be held to be unlawful and wrongful.
3. The Respondents to pay costs of suit on a client –attorney scale.” More
On the 24th November 2016, we upheld the appeal in this matter with costs. A request for reasons having been made, these are they,
The appellant in this matter had applied for the following relief in the court a quo.
1. That 1st respondent be interdicted from claiming rentals from the applicant’s tenants in respect of Stand No. 22 and 23, Neshuro Township.
2. That 2nd and 3rd respondents be More
KABASA J: The applicant is the wife to Jeffrey Moses Runzirwayi who died on 16 January 2021. The applicant was appointed executrix to the estate and it is in that capacity that she brought this application seeking the eviction of the 1st respondent and all those claiming title through him from Lot 56 A Umsungwe Gweru. More
The Applicant entered into an agreement of sale for its property called 672 Scanlen Drive Helensvale with the Respondent on the 16th of October 2018. The purchase price of this property was USD 800 000.00 which was to be paid in instalments. The parties agreed that the settlement for the purchase price had to be done by the 3th of August 2019. Respondent however failed to settle the amount by the stipulated timeline and she had only managed to pay the sum of US$ 489 000.00 owing a balance of USD311 000.00. Applicant proceeded to write a letter notifying the... More
Most of the facts in this case are common cause. The undisputed facts are that on the 7th of October 2014 the plaintiff and the defendant entered into a Tobacco Contract Growing and Marketing Scheme on condition that the plaintiff would provide the defendant with financial and input support for the production of flue cured tobacco. The defendant was obliged to produce flue cured tobacco on 10 hectares of land yielding a minimum of 25 000kg of tobacco. The defendant was obliged to further repay the loaned amount at the end of the 2015 Tobacco Selling Season which was on... More
This is a court application brought in terms of r 29(1)(a) of the High Court Rules 2021. The applicants have prayed for the rescission of the order granted by this court on 18 October2022 under case number HACC 28/22, per KWENDA J. They contend that the order was erroneously granted in their absence. More
This is an appeal against a judgment of the High Court sitting at Harare handed down on 8 August 2018 dismissing an application for joinder of the eighth respondent in a pending matter instituted by the appellant in the High Court. More
This is a chamber application in terms of r 43 of the Supreme Court Rules, 2018 for condonation of the failure to comply with r 38 (1) of the same Rules and an extension of time in which to appeal. The applicant seeks an order in the following terms:
1. The application for condonation for non-compliance with Rule 38(1)(a) of the Supreme Court Rules, 2018 (Statutory Instrument No: 84 of 2018) be and is hereby granted.
2. The application for extension of time within which to file and serve a notice of appeal in terms of the rules be and... More
This is a delictual claim for delivery of a vehicleor alternatively payment of damages. At the beginning of the trial the plaintiff withdrew its claim against Kudzai Shaba.
The dispute between the parties arises from the following brief facts.On 25 August 2008 Kudzai Shaba, acting as an agent of the first and second defendants sold to the plaintiff a Mercedes Benz C180, 2004 model. Sometime in February 2009 the plaintiff was arrested by the South African Police Service, SAPS, for possession of a suspectedstolen motor vehicle. The vehicle was impoundedand the plaintiff wascharged,convicted and fined for possession of the vehicle.... More
The plaintiff operates a foreign currency denominated account with the respondent bank at one of its Harare branches. It is common cause that as at 12.00 noon on 24 February 2003, the plaintiff’s account reflected a credit balance of US$11 694.11. It is further common cause that on 25 February 2005, the plaintiff instructed the bank to telegraphically transfer to a named beneficiary, the sum of US$11 0000-00. As he was leaving the bank after the transaction, he was approached by an employee of the bank, one Murape, who inquired as to whether he had US$5 000-00 for sale. The... More
This matter was placed before me on 22 March 2021for review with a cover note raising a procedural issue in the way the trial Magistrate canvassed the essential elements during the proceedings. More
