This is an application referred to this Court in terms of s 24 (2) of the old Constitution. The applicant seeks an order for a permanent stay of his prosecution on the basis that his rights in terms of s 18 (1) and (2) of the old Constitution have been violated owing to the delay in finalising his trial. More
The appellant was convicted of assault as defined in s 89 of the Criminal Law (Codification & Reform) Act, [Cap 9:23] and sentenced to six months imprisonment of which three months were suspended for 2 years on condition of good behavior. He noted an appeal against both conviction and sentence. The Attorney-General has indicated that he does not support the conviction and filed a notice in terms of s 35 of the High Court Act [Cap 7: 06]. We considered the concession proper for the reasons that follow. More
The appellant appeared before a Regional Magistrate at Tredgold, Bulawayo, facing 2 counts of rape in contravention of Section 65 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23) on the 27th February 2018. It was alleged by the state that on unspecified dates, but on two separate occasions during the month of May 2017, the appellant allegedly raped the complainant a 13 year old juvenile at knife point. Appellant pleaded guilty to the charge. After a full trial appellant was convicted on both counts and sentenced to an effective prison term of 7 years. Appellant filed and... More
The appellant was convicted after a trial on two charges of theft and escaping from lawful custody in contravention of s113 (1) and s185 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On the first count he was sentenced to 6 months imprisonment of which 3 months imprisonment was conditionally suspended on condition of good behaviour the remaining 3 months imprisonment was suspended on condition of restitution. In respect of the second count, he was sentenced to pay a fine of ZWL$ 30 000 in default of payment 30 days imprisonment. More
DUBE-BANDA J:This is an application for condonation for late filing of notice of appeal against both conviction and sentence, and for leave to prosecute the appeal in person. The brief facts are these: the applicant was charged with the crime of kidnapping as defined in section 93(1) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 25 June 2020, along Cecil Avenue, Selbourne Park, Bulawayo, applicant forced complainant, a twelve year old into his motor vehicle. While inside the vehicle applicant tied complainant’s hands together with shoe laces. He drove his vehicle... More
This is an appeal against a determination by a designated agent. At the commencement of the hearing two preliminary points were take on behalf of the respondent. These were that (i) the designated agent who made the decision was not cited as a party to these proceedings and (ii) it was not clear as to what was before the court as there appeared to be two notices of appeal and both signed by the appellant on the 28th of October 2022.The appellant quickly responded that he would be bound by the notice of appeal which appears first on the record... More
When the parties initially squared off the dispute was whether or not to grant an application for the cancellation of the agreement of the sale of a motor vehicle entered into by the parties(and other related relief sought by the applicant). However, the matter soon assumed a different complexion in the wake of the about turn made by the respondent company which,after initially resisting the applicant’s prayer for the said cancellation, subsequently acceded to the same. The dispute then narrowed down to the question of the determination of the refund of that part of the purchase price which the respondent... More
MUNANGATI-MANONGWA: An application for substituted service is a plea to court to allow a litigant to use alternative means of serving process to another litigant in a manner other than the usual expected manner of service as per r 15 of the High Court Rules 2021. The order granted in such an application is a special order and same is not granted on mere asking. There has to be special circumstances calling for such relief. Due to the absence of averments pertaining to such special circumstances I refused to grant the application by the applicant herein and called for more... More
The appellant was arraigned before the magistrate at Kadoma on a charge of assault as defined in s 89(1)(a) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He was convicted on his own plea of guilty and was sentenced to 4 years imprisonment of which 1 year was suspended on the usual and appropriate condition of future good conduct. The appellant now appeals against both conviction and sentence. More
The Respondent was employed by the Appellant as a pie-maker in the Bakery Section. He was employed on the basis of 3 months fixed term contracts that were renewed continuously. The last such fixed term contract was due to expire on the 31st of July, 2012. The Respondent fell ill on the 17th of July, 2012. He approached the company doctor and was granted sick-leave. The sick-leave was supposed to expire on the 31st of July, 2012. According to the Appellant submissions the Respondent failed to resume his duties on the 31st of July, 2012. He only returned to work... More
The applicant seeks summary judgment for the eviction of the respondent and all those claiming through him from house number 1294 Mutufu Circle, Chiwaridzo Township, Bindura (“the house”) and costs of suit. More
On 29 March, 2011 I dismissed unconditionally an application for summary judgment by the applicant.
On 4 May, 2011 I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made pursuant to s 43(2)(d) of the High Court Act, [Cap 7:06]. More
The plaintiff has sued the defendants for eviction under separate case numbers. The defendants filed their respective pleas and subsequent to their having entered appearance to defend the plaintiff has filed individual applications for summary judgment against all of the defendants. The applications are vigorously defended. At the instance of the parties the matters have been consolidated as the basic facts surrounding the dispute and the issues are identical. More
This is one of several similar matters in which the applicant is seeking the eviction of its former employees from company houses on the basis that the former employees were mere tenants whose employment has since terminated. The former employees, just like the respondent herein, argue that the applicant sold the houses to them. More
This is an application for summary judgment wherein the applicant seeks the eviction of the respondent and all those claiming occupation through him from house number 1131, Chipadze Township, Binduraand costs of suit. More
