Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
The plaintiff in this matter claims the sum of US$1,465,555.91 together with varying rates of interest in respect of monies lent to an off-shore company for which the six defendants stood as sureties. More

This is a bail application pending trial. The applicant is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. It is alleged that on 24 October 22 he had sexual intercourse with Tahana Sibanda without her consent (deceased) and thereafter caused her death by strangulation. The pathologist who examined the remains of the deceased opined that she was sexually violated and died of asphyxia and strangulation. More

The applicant is standing trial in the Magistrates Court on charges he has not specified in his founding affidavit The nature of the charges that the applicant is facing is however immaterial to the determination of this application. More

The applicant appeared before a magistrate charged with contravening s 3 (2) of the Gazetted Land (Consequential Provisions) Act [Cap 20:28]. He was convicted and sentenced on 6 July 2010 and issued with an order evicting him from the land to which the offence related. More

The applicant seeks relief couched as follows: - “1. It is declared that Andrew William Tashanduka Bere is a citizen of Zimbabwe by birth with entitlement to dual citizenship. 2. 1st respondent is directed to issue the applicant with a regular external birth certificate, national ID, passport and marriage certificate within 21 days of the date of this order 3. 2nd respondent is to endorse in the applicant’s USA issued passport that he is entitled to remain in Zimbabwe indefinitely 4. 2nd respondent to refund the applicant the sum $1 000 paid by the applicant for the issue of a... More

The parties were married on 7 June 1980 in terms of the African Marriages Act [Chapter 238] and then in terms of the Marriage Act [Chapter 5:11] on 7 June 2000. Six children were born out of the marriage and are now all majors. More

The appeal is noted against the arbitral award handed down on 3 May, 2010 wherein the Arbitrator upheld the conviction and consequently dismissal of Appellant by the Respondent for violation of the applicable code. The material background facts are as follows: The Appellant was employed by the Respondent as a Foreman, a managerial position. He was arraigned before a disciplinary hearing authority on the 5th of November, 2009 on allegations of 3 violations ofStatutory Instrument 15 of 2006of the National CodeSection 4 (a)i.e. any act of conduct or omission inconsistent with the fulfillment of the express or implied conditions of... More

The plaintiff husband issued summons out of this court on 17 December 2009 seeking a decree of divorce on the basis of irretrievable breakdown of marriage, division of matrimonial assets, an award of custody of the four minor children in favour of the defendant and that each party bears its own costs. More

The applicant is a mining company. It seeks an anti-dissipation interdict against the first respondent, also a mining company. The second respondent is the Permanent Secretary in the Ministry of Mines and Mining Development (“the Ministry of Mines”). The third respondent is the Provincial Mining Director for the Midlands Province. The fourth respondent is the Minister of Mines himself. More

The claim was based on the grounds that the forfeitures of the Mining Claims were unlawful, illegal, wrongful and malicious. The issuance of the Special Grant No 7321 (the Special Grant) was similarly unlawful having been issued with the connivance of third defendant. On 22 February 2023, it was agreed by Counsels that the matter proceeds in terms of r 52(1) of this Court’s Rules SI 202/2021, as a stated case on the three (3) issues referred to trial. More

This is an appeal against a determination of the Master of the High Court of 20 January 2022 which is made in terms of s 68 J of the Administration of Estates Act,[Chapter 6:01] as read with r 95 of the High Court Rules, 2021. More

On 14 February 2019 I dismissed a bail application filed by the applicant outlining the reasons for such a disposition. The applicant has by letter dated 2 July 2019 requested for the written reasons for my disposition. These are they. More

In this matter the appellant approached this court dissatisfied with the conviction and sentence imposed by the court a quo. The appellant was charged with the offence of theft of a motor vehicle as defined in s 113 (1) of the Criminal law (Codification and Reform) Act, [Chapter 9:23]. The appellant was convicted on his own plea of guilty following which he was sentenced to 10 years imprisonment of which 4 years imprisonment was suspended on usual conditions of good behaviour More

This was an appeal against sentence only. We heard argument and reserved judgment. This now is our judgment. More

This was an appeal from the magistrate’s court against the refusal of bail pending appeal. More