The appellant was convicted and sentenced for unlawful possession or dealing in precious stones. The facts forming the charge and conviction are that on 5 May 2018 the appellant was searched by the police and was found with pieces of diamond in his pocket. The appellant was convicted after a protracted trial for contravening s 3 (1) as read with s 3 (2) (b) of Precious Stones Trade Act [Chapter 21:06]. The appellant was sentenced to the mandatory sentence of 5years imprisonment. Dissatisfied with the finding of the court a quo the appellant lodged the present appeal. More
The first and second applicants approached this court seeking the relief for the rescission of default judgment. More particularly, the draft order filed by the first and second applicants is as follows:
“1. Default judgment granted by this Honourable Court on 23rd day of June 2021 be and is hereby rescinded.
2. The Applicant be and is hereby given leave to defend the main action HC 1255-21.
3. Costs be in the main cause.” More
This is an application, filed on the basis of urgency, in which the applicant seeks a declaratur that, being a citizen by birth, he is entitled to dual citizenship and that the law does not require of him to renounce his foreign citizenship before he can be issued with a Zimbabwean national identity document. More
The applicant is a businessman with interests in businesses in
Zimbabwe and South Africa. The respondent is the Minister of Justice, Legal and
Parliamentary Affairs. He is the Minister responsible for the Administration of the
Prevention of Corruption Act [Chapter 9:16] (hereinafter called the Act). On 9 July
2004 he specified the applicant in terms of section 6(1) of the Act. The specification
was in terms of section6(1) gazetted in the Government Gazette of the 9th July 2004.
The applicant was therefore declared a specified person from that date More
The petitioner was one of two (2) MDC Alliance candidates who took part in the elections for Bulawayo South Constituency contesting to be a Member of Parliament.
The 1st respondent represented the Zimbabwe African National Union (Patriotic Front) ZANU (PF) party in the same election.
There were a total of 24 candidates vying for the Bulawayo South Parliamentary seat. More
The applicants are residents of properties in Hillside and Eastlea suburbs, Harare. The two suburbs neighbour Coronation Park, an open area off Robert Mugabe Avenue and opposite Rhodesville Police Station. The first respondent has commenced the construction of a bus terminus and a people’s market on the open area called Rhodesville Holding Bay (the Holding Bay/project). More
On 2 October 2018 we set aside the proceedings in the lower court that were being appealed against and remitted the case to the court a quo for a proper hearing of the matter. Our reasons for so ordering were as follows:
The appellant sued the 2nd respondent in the Community Court of Chief Marozva over the ownership or right of occupation of a piece of land under Tarwirei Ward 11. The dispute had been on-going for some years. More
At the hearing of this matter l delivered an ex tempore judgment. The applicant has requested for the written reasons. These are they.
This is an application made in terms of r 4491(a) of the High Court Rule 1971 which empowers this court to either mere motu or upon application by any affected party, correct or rescind any judgment or order that was erroneously sought or erroneously granted in the absence of any party affected thereby. More
This is an appeal against the decision of the local government board which set aside the respondent employee’s guilty verdict and dismissal penalty and reinstated her to her original position within Mvurwi Town Councils. This decision was arrived at after Mvurwi Council had sought Local Government’s ratification of the decision to dismiss the employee following allegations of misconduct against her. More
This is an appeal against the judgement of the High Court in Case No. HC 9914/15 handed down as Judgement No. HH 599-17. There is also a related judgement of the High Court, to which I shall revert later, in Case No. HC 9438/15 handed down as Judgement No. HH 609-17. More
The applicant instituted the instant application seeking an order in the following terms:
“IT IS ORDERED THAT:
1. The appointment of the first respondent as liquidator of Kunganda Farm be declared a nullity.
2. That all liquidation proceedings by the first respondent be and are hereby set aside.
3. That the sale of the remainder of Goodwill Estates in the district of Hartley measuring 4219487 hectares be and is hereby set aside. In the event that the said piece of land has been transferred to the fifth respondent or any other party, such deed of transfer be and is hereby... More
I heard and determined this matter in my Chambers on the 28th June 2018 and at the end of the hearing, I gave an ex tempore judgment. The first respondent has noted an appeal in the matter and this is my determination in writing. More
On 5 December 2023 this Court issued an order striking out the respondents opposing papers and ordered that the appeal should proceed as an unopposed matter. Following that order, the appeal was subsequently allowed and the decision of the designated agent which had been appealed against was set aside. The appellant was to be reinstated or paid damages in lieu of reinstatement. This subsequent order was issued on 6 December 2023. The then responded now seeks to challenge the order of the 6th of December2023 in this application for condonation and rescission of judgment. More
On 2 September 2011 I dismissed with costs the provisional order sought by the applicant. I delivered a handwritten judgment in which I set out the reasons for my decision. On 5 September 2011 the applicant wrote a letter to the registrar requesting my written reasons. The letter was only brought to my attention on 18 October 2011 together with the applicant’s reminder of 10 October 2011. I reproduce hereunder the full judgment I delivered on 2 September 2011. More
Applicant and respondent were customarily married and they have two children. Sometime in 2014 they had marital disputes leading to a separation. Applicant then approached the Magistrates’ Court, Bulawayo where he obtained an order for custody of the minor children, see page 9 of the record. Respondent sought an order for rescission of the default judgment but the application was dismissed. The dispute moved to this court on appeal and this generated the following matters, HCA 104/16; HCA 18/17 and HCA 04/18. More
