On the 9th of February 2024 an order was made striking the applicant’s application for condonation for late filing an application for review, off the roll . Parties have now requested for reasons. More
This is not the first time that a preliminary issue has been raised on behalf of the respondent. On 9 February 2024 this Court made an order striking this same matter off the roll for non - compliance with the rules of this Court. This followed a preliminary point which was raised on behalf the respondent. Another preliminary point has once again been taken on behalf of the respondent. The Court did not enquire as to why counsel for the respondent has adopted the attitude of raising preliminary issues in a piecemeal fashion. The respondent could have raised the present... More
This is an application for condonation of late noting of an appeal. In other words the applicant wants this court to consider that although he has come late, he could not avoid coming late and further he has good chances of winning the case should the matter be heard on the merits. More
This is an application for the setting aside on review of the decision of the first respondent in terms of which the third respondent was held to have been married to the deceased LovemoreChipunzaSekeramayi (hereinafter referred to as “the deceased”), and for a declaration that the decision of the second respondent in terms of which the third respondent was declared to be a spouse of the deceased was null and void. The application is opposed by the third respondent. More
The appellant and two co-accused were each convicted by the High Court on 19 February 2007 of culpable homicide, armed robbery, 8 counts of kidnapping and 7 counts of administering a noxious substance. They were each sentenced to a total of 45 years imprisonment but the sentences of 5 years and 10 years in respect of the charges of kidnapping and administering a noxious substance were ordered to run concurrently. More
This appeal was against the lower court’s order granting absolution from the instance in respect of the appellant’s claim for eviction of the respondent and all those claiming occupation through it, from property known as 44 Greengrove, Greendale, Harare; (hereinafter referred to as “the premises”). The appellant noted its appeal on 16 March 2020, while the respondent lodged its cross-appeal on 18 March 2020. More
The brief background facts to this matter are that the applicant entered into a Memorandum of Agreement with the second respondent on 18 August 2015 in terms of which it was allocated land, being stand 2166 of 1042 Tynwald South for the development of ninety housing flats. This agreement was amended on 4 October 2017 to increase the number of housing flats to one hundred and twenty. A further amendment was affected to the agreement on 9 June 2018 wherein the land initially allocated to the applicant was sold to it and the full purchase price of US$414 000.00 was... More
Applicant filed this application seeking an orderin the following terms, that:
1. It is declared that:
(i) the information requested from first Respondent pursuant to the Applicant’s letter to it dated 20 May 2021 is subject to provision of section 5 of the Freedom of Information Act [Chapter 10:33) as read with Section 61 and 62 of the Constitution of Zimbabwe and that the Applicant is entitled to make such request and first Respondent is obliged to make a response thereto.
(ii) the conduct by the first Respondent to withhold the information requested as per sub paragraph (i) above is... More
The background of this matter is that 2nd respondent obtained an order against the 2nd applicant for payment of the sum of USD 29 920.65. Pursuant thereto, 2nd respondent obtained an order in terms of section 318 of the Companies Act, effectively rendering the 1st and 2nd applicants personally liable and indebted to 2nd respondent in their capacity as directors of the 2nd applicant company. Following that court order, 2ndrespondent engaged the 1st respondent for the attachment of the 2nd applicant’s movable property. The property was sold in execution on 23 March 2018 and the sale was confirmed the sale... More
A fire broke out at 100 Hauna Growth Point (hereinafter called the business premises) premises owned by the first plaintiff. First plaintiff rented out the business premises to second plaintiff and defendant. The fire caused destruction to the business premises and movable property and fittings belonging to both first and second plaintiffs. The plaintiffs allege that the damage was caused by defendant’s negligence. Plaintiffs proceeded to issue summons against defendant for damages arising from the destruction caused by the fire to the building itself and the value of the destroyed building and value of the destroyed moveable property and further... More
This is an application for bail pending trial. The applicant Naphitaly Longwani, a Zambian national is jointly charged with one Bhekumuzi Dube, a Zimbabwea national. The duo were arrested and initially charged with robbery committed in aggravating circumstances as defined in section 126 (1) of the Criminal law (Codification and Reform) Act (Chapter 9:23). The state has indicated its intention to drop the robbery charge. The state has indicated that an amendment to the charge has been made and the applicant is now facing a charge of theft of a motor vehicle. The state is opposing the application for bail... More
At the start of the hearing the parties agreed that the citation of Respondent be amended. With their consent, the Court deleted the name “Murray & Roberts Construction Zimbabwe” and substituted it with the name “Masimba Construction Zimbabwe”. Applicant titled the proceedings as “Application For An Order.” The application is supported by his affidavit. More
This is an urgent chamber application in which the applicant seeks an order to the effect that the second and third respondents be stopped from dealing with the estate of the late Shirley Valley Trelc (deceased estate). The applicant seeks this relief pending an application he filed under Case No. HC 3723/20 for the removal of the said respondents from their position as executors of the deceased estate. More
: Plaintiff issued a summons out of this court seeking Declaratory Orders and consequential relief arising therefrom. This matter is related to some immovable property known as: More
The applicant is facing three counts of robbery as defined in s 126 of the Criminal Law Codification and Reform Act [Chapter 9:23] also known as the Criminal Law Code. The Form 242 reflects that the applicant is jointly charged with 5 other accused persons: Accused 1 - John Kamba; Accused 3 - Archford Chaitonga; Accused 4 - Chrispen Marimo; Accused 5 - Peter Kudzanayi; and Accused 6 - Tinashe Tapoma. The applicant is reflected as accused 2. More
