This is an appeal from a decision by a Magistrate in an inquiry purportedly to confirm whether Tiresi Chasara was customarily married to the Late Elias Macheka or not. More
The first applicant borrowed money from the first respondent, to whom he surrendered Pelhams shares belonging to the second to the fourth applicants as security for the loan. He gave out the shares in a negotiable form. The applicants had signed share transfer forms, making it possible for the first respondent to transfer them to himself or a third party. More
At the hearing of this matter, and in his heads of argument the first respondent raised two points in limine. The first point in limine being that there is material disputes of facts which cannot be resolved on papers. He suggested that this matter could not be resolved in a motion court but by way of trial procedure. More
On 30 January 2019 we outlined reasons for our disposition wherein we dismissed an appeal against both conviction and sentence. We indicated that written reasons would be availed in due course. These are they.
The appellant was arraigned before a Regional Magistrate facing one count of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state contented that on 29 December 2017 and at a public toilet in Sakubva, Mutare the accused person unlawfully and intentionally had sexual intercourse with Priviledge Bonde a female juvenile aged 5 years who at law is... More
In presiding over matters, judicial officers are duly obliged to be impartial and ensure in all instances that justice is done. A magistrate presiding over a matter has to ensure fairness in conducting proceedings. Both procedural and substantive aspects pertaining to adjudication of matters have to be considered and adhered to. It cannot be said this obtained in this particular instance. More
The applicants filed 3 bail applications in this court on the same date. These applications relate to the same facts and hence I decided to combine the applications. I have dealt with the application in one single judgment for the sake of convenience. The applicants are facing charges of armed robbery in violation of section 126 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicants deny the allegations and aver that they have been wrongly implicated. The state opposes the application for bail on the grounds that there are compelling reasons for the denial of bail. The state... More
This matter was initially placed before me on the unopposed motion matter. The applicant seeks the placement of the 1st-3rd respondents under supervision and commencement of corporate rescue proceedings in terms of section 124 of the Insolvency Act [Chapter 6:07]. More
Applicant applied to this Court for the reinstatement of his appeal (LC/H/984/24) which was deemed as abandoned and dismissed. The application was made in terms of Rule 46 of the Labour Court rules, 2017. Respondent opposed the application. More
: This is an appeal against the whole judgment of the Harare magistrates court delivered on 28 October 2011 in which the magistrates court set aside a default judgment which had been granted in the appellant’s favour.
The facts giving rise to the appeal can be summarised as follows:- More
This is an application seeking an order for the dismissal of case numbers HC 1230/19 and HC 3457/19 for want of prosecution. The application is in terms of rule 236 (3) (b) which provides that;
“(3) Where the respondent has filed a notice of opposition and an opposing affidavit and, within one monththereafter, the applicant has neither filed an answering affidavit nor set the matter down for hearing, therespondent, on notice to the applicant, may either—
(a) ………..
(b) make a chamber application to dismiss the matter for want of prosecution, and the judge may order thematter to be dismissed... More
This is an application for dismissal of matters HC 1230/19 and HC 3457/19 for want of prosecution being made in terms of r 236(3) (b) of the High Court Rules, 1971.
The brief background being that on 15 February 2019 the first and second respondents filed an application with this court under case number HC 1230/19 for rescission of the judgment of this court granted in matter number HC 10839/18. They also filed a chamber application under HC 3457/19 for leave to admit into evidence supporting affidavits earlier filed without the leave of the court. The applicants filed their Notices... More
This is an application for review of the proceedings of the disciplinary committee. Initially the review was based on six grounds but they were reduced to two as the other four were abandoned. More
This is an Application for a Declaratory Order in terms of S 14 of the High Court Act, Chapter 7:06 in which the Applicant is seeking the following relief:
“IT BE AND IS HEREBY ORDERED THAT:
1. The Application be and is hereby granted.
2. The Applicant be and is hereby held to have paid the full purchase price for Stand Number 288 Carrick Creagh Township of Carrick Creagh of section 4 of Borrowdale Estate registered under the deed number 3434/2012 in full and final settlement of the purchase price.
3. The 1st Respondent be and is hereby held to... More
The applicant seeks leave to appeal against my judgement of the 22ndJanuary, 2016.
The application is opposed by the respondent on the basis that the applicant having failed to filed its Heads of Argument within 14 days of receipt of the respondent’s Notice of Response the applicant is technically barred and therefore has no right of audience before the court. More
The plaintiff issued summons on 22 September 2005 claiming; (a) payment of the sum of $3 912 125 000,00 by the defendants jointly and severally the one paying the other to be absolved, being accident damages negligently caused to him by 1st defendant; an employee of the 2nd defendant in the course and scope of his employment; (b) Interest on the principal amount at 30% per annum from date of accident to date of full payment; and (c) Costs of suit. More
