This is an application for the registration of an Arbitral award granted in favour of the Applicant against the Respondent for the ejectment of the Respondent from certain premises and payment of several amounts of money by an Arbitrator. This application was filed with this Division of the High Court on 12 August 2022. The application is opposed. More
This is an appeal against the whole judgment of the High Court, Bulawayo, handed down on 23 December 2021, granting a spoliatory relief in favour of the respondents. More
The plaintiff and the defendant were married to each other on 21 July 1989, in terms of the then Marriage Act [Cap 37, ] now [Cap 5 .11]. Their marriage was blessed with three children. Their first two children have attained the age of majority though the younger one is studying for a degree at Fort Hare University where the plaintiff is employed as an I.T.C manager. The eldest child has already obtained a degree, and is staying with the plaintiff looking for employment in South Africa. The parties’ youngest child Farai born on 17 June 1998, is the only... More
This is an application for bail pending trial. Applicant is being charged with two counts of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. In count one it being alleged that on the 7 January 2022, applicant in the company of unknown accomplices who are still at large proceeded to complainant’s home armed with machete and knobkerries. They broke the front door to gain entry into the house. While inside they manhandled the complainant and force marched him into his son’s bedroom where they ordered him to lie down at the same... More
This is a bail application in terms of section 50 (1) (d) of the Constitution of Zimbabwe Amend No. 20 as read with section 117 of the Criminal Procedure and Evidence Act.
Allegations are that applicant murdered the deceased by kicking him on the head with booted feet repeatedly. Applicant is jointly charged with 5 others who were all granted bail with the consent of the respondent. During submissions, it emerged that the only reason why the respondent is differentiating applicant’s case is that the applicant was seen by at least two witnesses kicking the deceased on the head. While... More
This is an opposed application in which the applicants seek the following relief:-
“The decision of the 2nd respondent to grant a permit to the 3rd respondent for the construction of a race course be and is hereby set aside.
The fence that has been erected around the 500 hectares of grazing land used by the applicants to be removed within 48 hours of the granting of this order.
The 2nd respondent to bear the costs of the application.” More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Bulawayo, dated 21 April 2022, in terms of which the court a quo granted the application by the respondent for the variation of clause 2 (e) (i) of the parties’ consent paper and para 4 of the divorce order granted by the court a quo on 27 March 2014 under HC 125/14, providing for the post-divorce maintenance of the parties’ two minor children. More
This is an appeal against the refusal of the Magistrates’ Court to release the applicants on bail pending trial. The appellants are charged with the crime of public violence as defined in s 36 of the Criminal law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 1 April 2023 the appellants were drinking beer at a bar, a fight started, empty bottles and chairs were thrown around and windows were broken. The appellants were denied bail after a substantive application. They now appeal this decision by virtue of the provisos of s 121 of the Criminal Procedure... More
This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court sitting in Bulawayo, on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him were briefly as follows: that on the 18 March 2021 he unlawfully had sexually intercourse with complaint without her consent. After a protracted trial he was convicted and sentenced to 10 years imprisonment. More
In this case, we quashed the conviction and sentence on account of the poor state of the record of proceedings. I now proceed to give the full reasons.
The appellant was convicted of culpable homicide arising from a driving incident which occurred on 30 October 2015. This happened along Robert Mugabe Way, Harare. As he drove a commuter omnibus along the inner lane, and having crossed Chinhoyi Street, the appellant struck a pedestrian who was crossing the road. The pedestrian struck the windscreen before falling on the edge of the road on the right side. The pedestrian was taken to... More
There was only one applicant before me.
Despite the citation of Shireem Ismail as the second applicant, it was common cause that she was not before me. The application was filed on 23 August 2018. Shireem Ismail died on 10 November 2016 at Rusape. May her soul rest in eternal peace.
After hearing argument on 3 September 2018 I dismissed the application with costs.
These are my reasons.
This is an urgent chamber application for stay of eviction pending determination of an application for rescission of default judgment. More
This is an appeal against the judgment of the Magistrate Court for the Province of Mashonaland sitting at Harare handed down on 18 January, 2022.
On 18 December 2020, appellant issued out summons against the respondents seeking payment of USD1100.00, or the Zimbabwe dollar equivalent thereof, for outstanding fees, plus USD700, or the Zimbabwe dollar equivalent thereof, being one term’s fees in lieu of a notice of withdrawal from the school and interest at the prescribed rate together with costs on a higher scale. On 19 May 2021 respondents entered a plea coupled with a counter claim. The matter was... More
The applicant approached the court through the urgent chamber book seeking for an interdict pendente lite. The order sought seeks to restrain the respondents in particular fourth respondent from evicting and or disrupting the applicant’s farming activities at subdivision 11 of Chipinge West Annex pending the finalisation of proceedings under case number HC 52/18. More
This is an appeal against the whole judgment of the High Court declaring the agreement of sale between the appellant and the respondents valid and binding on the basis that the appellant had the requisite mental capacity to contract and granting the consequential relief of eviction of the appellant. More
This is an appeal against the judgment of the High Court (the court a quo) delivered at Harare on 15 January 2020 under judgment number HH 26/20. At the conclusion of argument on 21 July 2020 the court issued the following order with reasons to follow:
“IT IS ORDERED THAT:
1) The appeal succeeds to the extent that the relief granted by the court a quo is set aside and substituted with the following:
(a) Judgment is granted in the sum equivalent to US$58 500 in RTGS calculated at the prevailing interbank rate.
(b) Interest on the said amount in... More
