The applicant (Mkwanda Taya) filed this present application for a declaratur seeking a relief in the following terms:-
“ 1. The transfer of Stand No. 3114 Gushungo Street, Ruwafrom the Applicant’s names to the 1st Respondent’s names and eventually into the 2nd Respondents’ names is declared unlawful and wrongful. More
1. This is a court application for condonation for the late filing of an application for review. The applicant seeks an order couched in the following terms:
i. That the application for condonation be and is hereby granted.
ii. That applicant is granted leave to file its application for review within ten (10) days from the granting of this order.
iii. Costs of suit to be paid by the party who opposed this application on a legal practitioner and client scale. More
This is a matter where plaintiff had issued summons against the defendant. The defendant defended the proceedings and filed a counter claim to the plaintiff’s claim.
In the counter-claim the defendant claims the following:
“(a) that the plaintiff be ejected from Calcite Southern Mine, Inyathi Matabeleland North.
(b) The plaintiff pays costs of suit.”
The basis of the defendant’s counter-claim is that plaintiffs’ mining claim was cancelled but that plaintiff continues to occupy Calcite South Mine and continues to mine without a valid permit yet defendant acquired the mining claims known as Calcite 22 to 28 on the 7th of... More
1. This is an application for bail pending trial. Applicants are charged with five counts. Count 1 is robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 27 February 2022, at around 0115 hours the applicants and others who are not part of this application hatched a plan to rob complainant. They went to the complainant’s shop armed with machetes, axes and sjamboks, thereat they broke shop windows to gain entry whilst inside they assaulted the complainant with sjamboks and threatened to kill him with the machetes... More
This is an application for bail pending appeal. The brief background to the application has to be put into perspective. The applicant was arraigned before a Provincial Magistrate facing an offence of contravening s 45 (1) (b) of the Parks and Wildlife Act [Chapter 20:14] as read with s 128 of the said Act and further read with s 2 of the Parks and Wildlife (specially protected) regulations SI 72/2020. In that the applicant was in unlawful and intentional possession of Pangolin Scales weighing 1700 grams without a permit. The applicant pleaded guilty to the offence and was consequently found... More
The applicant in this matter is an association comprised by the tenants of various properties owned by the 13th respondent, Mnondo Properties (Pvt) Ltd (the Landlord). The 1st to the 11th respondents are partners within the firm of legal practitioners (the Firm) representing the respondents herein. The 12th respondent is the Rent Board (the Board). More
The plaintiff, a duly incorporated engineering company which is involved in inter alia the manufacture of fuel tanks, instituted summons action against the defendant, a bus company, for damages arising out of a motor vehicle accident which occurred on 8 November 2009 at the intersection of Mharapara and Seke Roads in Chitungwiza. More
The applicant seeks a declaratory order to the effect that she is the sole occupier of rural homestead in Nyamakosi village, Mutoko. Additionally, she seeks consequential relief to the effect that any visit by the first to the fifth respondents at the applicant’s rural homestead in Nyamakosi Village Mutoko without her permission in writing is unlawful. More
This is an application for review of a decision by respondent’s Appeals Committee dismissing the applicant’s appeal.
The background to this case is as follows. Applicant was employed by the respondent as an Assistant Executive Finance. She was suspected of having committed certain offences in contravention of the respondent’s Code of Conduct. She was duly suspended and she appeared before a disciplinary committee which found her liable and dismissed her. The applicant thereafter filed an appeal with this court against the determination of the disciplinary committee. The appeal was dismissed on the basis that the applicant as a requirement should... More
The plaintiffs in this case claim the sums of US$26,528.72 and ZAR43,534.80 as damages for breach of a contract of carriage entered into with the defendant in June 2001. The plaintiffs’ claim is founded on the common law of carriage and, alternatively, on the negligent performance of the contract. The defendant disputes liability on both grounds. More
The applicant was arraigned before the senior regional magistrate, Eastern Division, charged with contravening s 66 (1) (b) (i) of the Criminal Law (Codification and Reform) Act [Cap 9:23], that is sodomy. The allegations were that on 6 January 2009 and at number 6334, Unit J, Seke, Chitungwiza, he unlawfully and intentionally inserted his erect penis into Nongerai Zinhuka’s anus without his consent. He was convicted despite his plea of not guilty and sentenced to ten years imprisonment of which four years imprisonment was suspended for five years on the usual conditions of good behaviour. More
We dismissed the appeal against conviction and sentence and gave reasons extempore. Subsequently a request was made for “reasons for judgment” and we hereby avail the full judgment. More
This is an appeal against the decision of the High Court granting the respondent rescission of judgment in case number HC 7509/15 and ordering that the respondent file its answering papers to the appellant’s claim in case number HC 7509/15 within ten days of the granting of the order. More
The facts of this matter are not in dispute. I set them out.
The applicant entered Zimbabwe in 1980. At the time he declared he was born in Arusha, Tanzania. In 1982 he applied for Zimbabwean citizenship. His application was declined. He made a second application in 1987 which was successful. In the second application, he declared that he was Somalian and was the holder of a Somalian passport whose number was given and recorded. In consequence of his gaining Zimbabwean citizenship, the applicant was issued with a passport by the first respondent. His current passport is valid until 2013. More
Section 47(1)(b) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] empowers this court to order seizure of property which is the subject of an interdict or which, on reasonable grounds, the court believes is either tainted or terrorist property and there is a reasonable likelihood that the property may be dissipated or alienated if not seized. More
