The three applicants made this application purportedly in terms of the Common Law or alternatively Rule 449 of Order 49 of the High Court Rules 1971, for the rescission of the court order in case No. HC 2127/18. They aver that this Honourable court was misled into granting the order through fraud or that it was erroneously sought and erroneously granted in their absence. More
The plaintiff operates a real estate business, including the valuation of assets and auctioning. The defendant is a statutory body established under the Agricultural and Rural Development Authority Act [Chapter 18:01]. The plaintiff issued summons in March 2010, claiming from the defendant the sum of US$17,309.86 as valuation fees, together with interest at the rate of 5% per month, 10% collection commission and costs of suit. More
1. This is an appeal against part of a judgment of the High Court dated 17 July, 2019 in
which the court a quo set aside the respondents dismissal from the police service commission and ordered his reinstatement without loss of salary and benefits. More
This is an application for condonation for late noting of appeal. The applicant was dismissed from employment on 18 September 2012. The applicant has not yet exhausted domestic remedies. He was supposed to appeal to the Chief Executive Officer. To date he has not made such appeal. There is therefore no determination of the Chief Executive Officer. In terms of respondent’s Code of Conduct an appeal from the decision of the Chief Executive Officer lies to this Court. More
The appellant appeared before a magistrate at Bulawayo on the 24th January 2019 facing a charge of public violence as defined in section 36 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Appellant pleaded guilty. Appellant was convicted and sentenced to 5 years imprisonment of which 1 year was suspended for 5 years on condition of future good behavior. More
The applicant was arrested and arraigned before the magistrate court on a charge of rape. He was detained in custody and has approached this court seeking for bail pending trial. More
The applicant and the first respondent enjoyed a lesee - lessor relationship. They did so in terms of the commercial lease agreement which they signed on 22 October, 2015. The lease related to the first respondent’s immovable property known as Stand 3325 Salisbury Township commonly called Old Central Stores, Harare which the applicant leased from the first respondent at a monthly rental of $905 as well as operating costs of $282 per month More
Pomelo (as investor) and Annadale (as asset owner) entered into a mining joint venture (JV) through Beatrice Mine as the JV company. The investor and asset owner respectively held 74% and 26 % shareholding in the JV company. The asset comprised of several mining claim claims located in the Beatrice area. The joint venture (JV) collapsed. The asset owner alleged failure by the investor to invest in the JV as agreed. It demanded the 74% that had been allotted to the investor. The dispute was referred to arbitration and the investor succeeded. The investor made spirited efforts to resist this... More
The applicant purchased a certain piece of undeveloped immovable property known as Stand 1145 Hilton of Subdivision A of Waterfalls from the first respondent. The full purchase price has been paid to a firm of lawyers and the applicant is awaiting transfer. The applicant has since sued the respondent for specific performance seeking transfer under case number HC 3885/12. More
“TERMS OF FINAL ORDER SOUGHT
1. That in the absence of legislation or a court order, 1st respondent is not entitled to take the law into his own hands and bring about an eviction of the applicants.
2. That respondents pay the costs of suit. More
This matter was placed before me under a certificate of urgency on 17 January 2008. I gave directions that it be heard the following day as I deemed it appropriate that the rules of court be dispensed with in the interests of achieving justice in this particular matter. At the hearing Mr Takaendesa, for first respondent, raised two procedural points in limine regarding the lack of appropriate certification of urgency on behalf of the applicants. His second point was that the applicants ought to have anticipated the rule nisi rather than approach this court through the Chamber Book. More
This is an application for a declaratory order in the following terms:
“ 1. Applicant be and is hereby declared the rightful lessee of Plot Number 227 measuring 10,288 hactares(sic) situate at Rainham Farm.
2. The subdivision of Plot Number 227 situate at Rainham Farm into various smaller units or the downsizing of Plot Number 227 situate at Rainham Farm from 10,288 hactares(sic) to 3 hactares(sic) by the Respondent be and is hereby declared unlawful.
3. Applicant and/or its agents, assignees, representatives be and are hereby declared to have unhindered access to a certain piece of land situate at Rainham... More
This is an application for a declaratory order. The applicant seeks an order that it be declared the registered holder of mining rights known as Miralto 32, that the first respondent be ordered to vacate Miralto 32 forthwith plus costs of suit. More
This is an appeal against the magistrates Court’s refusal to admit the appellant to bail pending trial. The appeal is made in terms of s 121 (1) of the Criminal Procedure and Evidence Act [Chapter9:23] (“the CPEA”) as read with r 6 (1) of the High Court of Zimbabwe Bail Rules, 1971. More
The discovery of diamonds at Chiadzwa in Marange District brought fortunes to some families based in the eastern parts of Zimbabwe. The parties herein being a good example. Theirs is a “rags to riches” story where they moved from occupying a single rented room to ultimately buying a house in a plush suburb in Mutare as well as owning thirteen (13) motor vehicles among them top of the range. More
