This is an appeal against the entire judgment of the High Court sitting at Harare dated 25 November 2015. The bulk of the facts are by and large common cause. The undisputed facts are that the appellant at all material times was a shareholder and non-executive director of a company known as Oxford Agrochemicals (Pvt) Ltd (hereinafter referred to as Agro Chemicals). More
This is an appeal against the dismissal by the High Court of appellant’s claim to property placed under attachment in execution, being a piece of land situate in the district of Salisbury called Stand 262 Mount Pleasant Township 9 of Lot 50 Mount Pleasant, measuring 4144 square meters also known as No. 5 Westcott Road, Mount Pleasant, Harare. More
After perusing documents filed of record and hearing counsel, the unanimous decision of the Court was that the matter be dismissed with costs on a legal practitioner and client scale. More
The three applicants seekthe rescission of a default judgment that was entered against them on 4 December, 2019. The respondent had issued summons out of this court for the delivery of replacement motor vehicle parts or in the alternative payment of a certain sum of money being their replacement value (as well as interest thereon) and costs of suit. The default judgment followed the failure by applicants to enter appearance to defend within the dies induciae More
This is an appeal against conviction and sentence. The appellant pleaded not guilty to, but was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 years imprisonment of which two years imprisonment was suspended for five years on the usual condition of good behaviour, leaving an effective imprisonment term of 13 years. More
The plaintiff is a self-actor. This is a claim for personal delictual damages which plaintiff suffered arising from a traffic accident. A default judgment had been entered against both defendants for their failure to file a plea; leading to the matter being referred to the unopposed roll for the assessment of damages. More
“IT IS DECLARED AND ORDERED THAT;
1. The applicant Robert Kagandi is a registered joint holder of mining rights, title and interests in the mining location which constitutes Coronation 2 Mine, Masvingo (registration number 5244) by virtue of being a member of Enfield Syndicate.
2. The applicant, Robert Kagandi has legal rights to conduct mining operations within the mining location named Coronation 2 Mine (registration number 5244) situated partly on Bruceham Farm (6 hectares) partly on Victoria Park Farm (1 hectare) approximately 137 metres Norton of Coronation School and approximately 500 metres North East of trig Beacon 475/T Re. Pegs... More
The applicant seeks the following Order.
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court, if any, why a final order should not be made in the following terms;
1. That the first respondent or any person acting on his behalf for the purpose of furthering the interests of the first respondent be and are hereby ordered to refrain from in any way interfering with the applicant’s possession or occupation of Coronation 2 situated approximately party (sic) on Bruceham Farm (6 Hectares) party (sic) on Victoria Park Farm (1 Hectare) approximately 137m North of Coronation... More
Appellant filed his notice of appeal on the 2nd August 2022. Respondent filed its notice of response on 12th August 2022. Then appellant filed an answering affidavit on the 24th August 2022. Respondent argued that the answer was improperly filed. Rule 19 of the Labour Court Rules SI. 150/17 provides for an appeal and response thereto. It does not provide for an answering affidavit by the appellant. On that basis the answer was improperly filed. Appellant sought to get around this hurdle by seeking condonation by this Court. Indeed the Court can condone departure from the Rules in terms of... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for by section 92D of the Labour Act Chapter 28:01. The grounds of appeal were initially two-fold. However upon challenge by respondent, this Court struck off the second ground. More
Plaintiff in this matter seeks an order directing the first defendant to transfer all rights, title and interest in the subdivided piece of land being portion of stand 132 of Prospect measuring 2350 square metres and an order interdicting first defendant from alienating her rights, title and interest in the said property to any other person than the plaintiff till this matter is determined and costs. More
The appeal in the matter is against the minimum mandatory sentence imposed on the appellant for illegal possession of gold in contravention of s 3 (1) as read with s 36 of the Gold Trade Act, [Cap 21:03].(“the Gold Trade Act,”) (“the Act”). More
I would not have composed a written judgment but for the need to clear the confusion within the applicant’s misunderstanding of procedure to assert his liberty rights. The background to the applications B 1725/20 and B 1892/20 is as follows.
The applicant was convicted by the regional magistrate sitting at Harare on 4 October, 2017 on four counts of rape. Consequent on the conviction, the applicant was sentenced to fifty years imprisonment. Ten years of that sentence was suspended for five years on conditions of future good behavior. The effective sentence imposed was therefore forty years imprisonment. The applicant noted... More
