The applicant in this case neglected to look ahead. He was convicted on his own plea of guilty to contravening s 60A (3) (a) and (b) of the Electricity Act [Chapter 13:19] i.e. Tampers, Cuts, Damages, Destroys or Interferes with any Apparatus for Generating, Transmitting, Distributing or Supplying Electricity. The allegations in count 1 were that on 31 August 2021 he proceeded to a farm called Rathga in the district of Banket where he cut and vandalized copper wires that transmitted electricity. The wires were about 30 metres in length. In count 2 he was alleged to have in a... More
This matter was set down so that a review application filed on behalf of the applicant could be heard. At the commencement of the hearing the legal practitioner on behalf of the respondent stood up to address the Court. The nature of the application was not immediately articulated in order for the Court to appreciate it. More
The applicant filed a chamber application for condonation of the late noting of an appeal and leave to prosecute an appeal in person. I dismissed the application and rendered an ex tempore ruling. Applicant has requested for the reasons. These are they.
Applicant appeared before the Regional Court sitting at Rotten Row Magistrates Court facing two counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant appeared together with three other co-accused persons. Applicant is reflected on the charge sheet as accused one. More
This is a review application brought in terms of order 33. The applicant seeks the review of proceedings in the magistrate’s court in case No. 207/09. More
This is an application for condonation of late filing of an application for review. At the end of the hearing the application was dismissed. Reasons were to follow. These are they. In order for the application to succeed the court considers, among other things the following factors, namely,
1) the extend of the delay;
2) the explanation for the delay; and
3) Prospects of success should the matter be heard on the merits. More
The plaintiff married defendant on 2 March 1996 at Bulawayo in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. There are two minor children of the marriage herein after referred to as M and L. M was born on 21 July 1995 and L was born on 13 April 2005. During the subsistence of the marriage the parties acquired both movable and immovable properties. As fate would have it after about 14 years of marriage the parties wish to divorce. More
The background to the matter as given by the applicants’ representative stems from an agreement the applicants had with the 1st respondent wherein funds were to be pooled together for a co-operative venture. The co-operative was to purchase land for the benefit of all the applicants. More
As will be illustrated, the manner in which this case was handled smacks of arbitrariness. On 10 May 2022 the applicant (for the purposes of clarity herein after referred to as “the accused”) appeared before the first respondent (hereinafter referred to as “the trial magistrate”) sitting at Chivhu on a charge of attempted rape as defined in s 65 of the Criminal Law (Codification and Reform Act) [Chapter 9:23] (The Code) as read with s 189 of the Code. More
The matter was set down in terms of rule 19(3)(a) of this court’s rules. At the time the appeal was filed Appellant was represented by Messrs Laita and Partners Legal Practitioners. Such Legal Practitioners were enjoined to file Appellant’s heads of argument upon receipt of a notice of response from the Respondent. They failed to do so. A notice of set down was sent to Appellant lawyers advising them of that day’s hearing. Appellant also confirmed that he informed his lawyers of record of the set down date. The lawyers informed Appellant that there would no longer be representing him... More
This is an application for contempt of court against the second respondent. The application is based upon the following background of facts: Sometime in 2014 a tender was flouted for the provision of security services to United Bulawayo Hospitals. More
DUBE-BANDA J: Before me is an urgent chamber application. This application was launched in this court on 7 July 2021. It was placed before me on the 12 July 2021, and I directed that it be served on the respondents together with a notice of set down for 14 July 2021. The application is opposed by the 1strespondent. The 3rdrespondent is cited in its official capacity because the implementation of the order sought by the applicant, if granted may require its services. At the commencement of the hearing, applicant withdrew the case and tendered costs in respect of the 2nd... More
On the 17th January, 2014 Appellant noted an appeal with this court against an arbitral award. The Arbitrator had held that Appellant was not constructively dismissed. The Respondent had not committed any unfair labour practice by transferring Appellant to another department. The Respondent had simply exercised its discretion. More
At the hearing of this application, I dismissed the application and gave brief reasons for my decision. The applicant has now indicated an intention to seek leave to appeal against that decision. What follows are my brief reasons for that decision. More
