The applicant seeks a mandament van spolie against the respondent. Its draft order reads as follows:
“IT IS HEREBY ORDERED THAT:
1. The application for an order restoring the application to possession of number 750 Gaydon Road, Greystone Park, Harare succeeds.
2. The respondents and all those claiming occupation through it, are ordered to immediately vacate the premises at number 750 Gaydon Road, Greystone Park, Harare.
3. In the event that the respondents do not vacate the premises within twenty-four hours of this order, the sheriff of this court is hereby authorized to give effect to this order by evicting... More
The applicant seeks leave to execute a judgment granted by this court on 9 April 2021 under HC 912/21 pending the hearing and determination of an appeal lodged by the respondent in the Supreme Court under SC 80/21. Essentially, the applicant was granted spoliation order which restored it to possession of No 750 Gaydon Road, Greystone Park Harare (“the property”), and also ordered the respondent and all those claiming through it to vacate the same property. The respondent’s appeal suspended the judgment under HC 912/21. More
The applicant approached this court seeking rescission of a judgment in terms of r 449 of the old rules of this court and also in terms of common law for declaratory orders and ancillary relief. The first, second and fourth respondents raised the following points of law;
1. (a) Prescription
(b) Material dispute of fact
(c) Application defective and bad at law
(d) Locus standi
(e) Material nondisclosure of facts
(f) Res judicata among others and More
The plaintiff and defendant were married to each other in terms of the Marriages Act, [Cap 5:11] at Harare on 19 August 2002. Their marriage still subsists. Prior to that date they had been living together as husband and wife in terms of customary law since 1995. More
The plaintiff and defendant who are wife and husband respectively are Zimbabwean citizens and domiciled in Zimbabwe. They however married each other in Zambia on 21 November 1967 under the provisions of the Marriage Ordinance, Zambia. This court has jurisdiction to deal with the divorce proceedings instituted by the plaintiff. More
This is a matrimonial matter wherein the plaintiff issued summons seeking a decree for divorce and ancillary relief. Plaintiff and defendant were married in terms of the Marriage Act Chapter 5:11 on the 14th of October 2005 and the marriage still subsists. The basis for the relief sought is that parties stopped living together as husband and wife since 2008 and that they have since lost all love and affection for each other.
There are 2 minor children born of the marriage namely Mzwakhe Nimrod Lwandile Moyo a male born on 15 April 2006 and Mzwandile Thorburn Moyo also a... More
1. This is a bail application pending appeal. The applicant was arraigned before the Regional Court sitting in Bulawayo. He was charged with the crime of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was convicted and sentenced to 15 years imprisonment of which 3 years were suspended for 5 years on conditions of good behaviour. Aggrieved by both conviction and sentence the appellant noted an appeal to this court, and such appeal is pending under cover of case number HCA 151/22. More
The applicant approached the court through the urgent chamber book on 6 August 2013. The matter was set down for 15 August 2013 on which day both applicant and respondent counsel addressed the court. More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 2 January 2020, applicant appeared before the Nyamandlovu Magistrates Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction to entertain hisbail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure and Evidence Act [Chapter 6.09], (the Act) which... More
In this application, applicant seeks the following relief:
“1. The respondents’ chamber application for condonation made under case number HCA 62/20 be and is hereby dismissed for want of prosecution.
2. Respondent shall bear the costs of suit.”
Background
On 26th February 2020 respondent lodged with this court a chamber application for condonation of late filing of court application for review under case number HC 462/20. Applicant issued and served a notice of opposition and opposing affidavit on the respondent on 10 March 2020. More
The plaintiff’s claim is for;
(a) Payment in the sum of US$41 699,00 being for damages sustained as a result of an unlawful arrest and assault on the plaintiff’s person by Nelson Mutsaka a member of the ZRP who was acting in the course and scope of his employment with the defendants. More
The plaintiff is the owner of certain business premises at Chisipite Shopping Centre called Lot 11 Chisipte Township Hindhead Avenue, Chisipte. In terms of a written agreement, the plaintiff leased the premises to Décor and Design in or about 1996. In March 1998, Décor and Design ceded its rights and obligations under the lease to the defendant. More
The applicants were arraigned before a magistrate sitting at Kezi on a charge of stock theft as defined in section 114 (2) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:28). Applicants pleaded not guilty to the charge but were convicted at the conclusion of a full trial. On 27th October 2022 applicants filed a notice of appeal against both conviction and sentence. The applicants now seek their release from custody pending the hearing of their appeal. The application is opposed by the state. More
