This ruling is made pursuant to a preliminary objection raised by the third respondent’s counsel at the commencement of oral submissions in this matter. The preliminary point was concerned with the propriety of filing the record of proceedings required in terms of r 62(5) of the High Court rules, 2021 (the rules), on the eve of the hearing of this matter. More
This is one case where both parties did not seriously consider presenting their evidence in a clear and logical manner. The duty for coherence in the presentation of pleadings and evidence before the court lies with the parties. The court has no duty to fill pot holes in the evidence of parties. More
I reluctantly acceded to the request to provide written reasons for the order I had granted in this matter on 1 August 2018 after hearing arguments from Counsel. The reason for these was two fold. Firstly, I had given detailed ex tempore reasons for the order granted and indicated that if full written reasons were required such a request should be made timeously. The request was only made some three months later on 17 November 2018. Secondly, the request was being made by the respondents in whose favour I had made the order. It was not apparent to me why... More
The plaintiff company seeks the eviction of the defendant from 5 Windermere Road Strathaven in Harare (“the property”), holding over damages and costs of suit on a legal practitioner and client scale. More
DUBE-BANDA J:This is an application for bail pending appeal. The applicants, including one other individual who is not part of these proceedings, were arraigned before the court of the Magistrate on a charge of theft as defined in section 113 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. After a contested trial, the three were found guilty as charged. First applicant was sentenced to forty months imprisonment, six months suspended on the usual conditions and a further twelve suspended on condition of restitution. He remained with an effective prison term of twenty-two months. Second applicant was... More
At the onset of the appeal hearing the respondent raised a point in limine. It was to the effect that there was no proper respondent cited. The one cited “Ministry of Home Affairs” is a non-entity at law. It is not a natural person. Neither is it a legal persona. As such it cannot sue or be sued. There being no respondent, the matter must be struck off the roll.
The respondent opposed the point raised. They countered that the State Liabilities Act [Chapter 8:14] provides that the Minister responsible “may” be cited where it is intended to sue the... More
Following on the judgment of this Court handed down on 16 December, 2011 the operative part of which reads;
“1. The points in limine are hereby dismissed.
2. The application for quantification of damages is properly before the Labour Court. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. In terms of Rule 36 of the Labour Court Rules SI 59/2006 leave to appeal to the Supreme Court from any decision this Court must be made within thirty (30) days from the date of that decision. In this case the decision sought to be appealed against was made on 13 September 2013. The present application was filed on 21 May 2014, after nine months from the date of judgment. More
The applicant was convicted of contravening s 6(1)(a) of the Road Traffic Act [Cap 13:11]. The trial magistrate found no special circumstances and sentenced the applicant to 6 months imprisonment. In addition the applicant was prohibited from driving all vehicles falling in the class of commuter omnibuses for life. More
The applicant’s case is that the parties entered into a sale agreement of Lot 80 of the remaining extent of Lydiate situate in the district of Hartley for a purchase price of USD$85 400. He said he paid the full purchase price ininstalments under the agreement otherwise styled as a lease agreement to purchase. On 26 May 2020 he received a letter from the respondent which purports to cancel the agreement. The applicant has brought an application seeking an order to declare the purported cancellation of the agreement by the respondent to be invalid, null and void. The applicant further... More
This application for bail pending appeal was argued before me on 9 August, 2017 and l reserved judgment. On 29 August, 2017, l dismissed the application and gave brief reasons for my judgment wherein l indicated that having gone through the record of trial in the proceedings appealed against and considered counsel’s submissions, l had concluded that the applicants’ had no reasonable prospects of appeal against conviction, there being no appeal against sentence. More
The appellant approached this court dissatisfied with the Magistrates Court’s decision of dismissal of his bail application pending trial. The brief background of the matter is that appellant was arraigned before the Magistrates Court facing a charge of possession of dagga as defined in s 156 (1) (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations being that on 10 June 2020 the accused person together with the other unknown persons proceeded to Ruwangwe area where they loaded 11 x 50 kg sacks of dagga into a silver Toyota vehicle Registration AEI 3787. Upon approaching a... More
Plaintiff issued summons out of this court seeking an order
1. Directing the defendant to take all necessary steps to cede the rights in House No. 170 Mkoba 13 , Gweru to the plaintiff,
2. That if the defendant failed within 14 days of the court’s order to take the necessary steps, the deputy sheriff Gweru be authorized to take such steps on defendant s behalf, and
3. Defendant to pay cost on the legal practitioner and client scale More
This is an opposed application for condonation for late filing of an application for rescission of judgment. The application is in terms of Rule 32 of the Labour Court Rules, 2017.
The facts of the case are that on the 7th of November 2019, the parties appeared in court on an application for review. More
