This is an appeal against the judgement of the High Court in Case No. HC 5569/17 in which the High Court dismissed an urgent chamber application seeking the stay of the appellant’s detention, which was ordered by the Commissioner -General of Police (the second respondent), pending the finalisation of an application for review by the High Court of the proceedings before the single trial officer (the first respondent). More
In this opposed application for review, applicant is seeking an order for the setting aside of both the conviction and sentence imposed on him by the respondents, the permanent stay of the prosecution of his offence in violation of paragraph 34 of the schedule to the Police Act [Chapter11:08], and cost of suit. More
This is an application for a declaratur. The applicants want this Honourable Court to make a declaration that the refusal or failure to reinstate the applicants to the Police Service by the respondents be and is hereby declared to be unlawful, wrongful, and that the respondents be ordered to pay costs of suit on a punitive scale. More
The applicant, former member of the Zimbabwe Republic Police (ZRP), is seeking an order to be reinstated into the ZRP and for payment of costs on the attorney-client scale. The application is opposed by the respondents. More
Plaintiff, an incola, issued summons in April 2004 against first and second defendants both peregrine, claiming damages arising out of a motor vehicle collision that occurred in Harare on 8 February 2004. In early 2006 the defendants raised special plea to the jurisdiction of the court. That special plea was upheld. On April 2006 plaintiff made a chamber application in terms of which on 10 October 2006, this court issued an order attaching certain of second defendant’s mechanical horses and trailers specified in the order. On 1 December 2006, plaintiff withdrew the proceedings in HC 4819/04 and filed the present... More
On 17 April 2019 the High Court handed down a judgment in which it issued the following order: -
1. The order of this Court granted on 12 December 2018 under Case No. HC 7399/18 acquitting the applicants namely Sesedzai Munobvanei and Mhondiwa Nyamande under CRB MRWP 944-5/18 at the close of the State case was made in error and is hereby rescinded.
2. For the avoidance of doubt, the trial magistrate shall proceed with the trial forthwith by putting the applicants on their defence as already ordered by this Court under Case No HH748/18
3. This judgment shall be... More
On the 11th March 2016 the applicant filed in this court, an application for condonation of late noting of his application for rescission. The respondent opposed the application. I will deal with the application under the subtitles “Delay” and “Prospects”. More
The first applicant is a member of the House of Assembly for Mbizo Constituency in Kwe Kwe. The second applicant is also a member of the House of Assembly for the Redcliff Constituency. Both applicants were arrested on the 18th January 2019 on allegations of subverting a constitutional Government as defined in section 22 (b) as read with section 22 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). In the alternative the applicants are charged with inciting public violence in contravention of section 187 (1) as read with section 36 (1) of the Criminal Code. The applicants... More
The first to the sixth applicants inclusive were elected as Honourable Members of the National Assembly and therefore of the Parliament of Zimbabwe in the harmonized elections held in July, 2018. More
The brief history of this matter is that the applicant was charged with gross negligence and proven negligence resulting in fuel theft from side tanks on H 89. It was alleged that on 6 November the applicant whilst at (NOIC) National Oil Company of Zimbabwe had fuel stolen out of his side tanks. Extra fuel had to be sent out to him so that H 89 could load. There was no breaking of the locks or any indication of theft yet there was no fuel in the side tanks and the metre was reading empty. The applicant appeared before the... More
This matter came to this court as an urgent chamber application. In the papers filed with this court, applicant sought a final order drawn in the following terms:
1. That 1st respondent and all those claiming occupation through him shall vacate the applicant’s premises known as Number 1, Solusi Adventist High School within 48 hours of the granting of this order.
2. Failing paragraph (1) above, the Deputy Sheriff, Bulawayo or his lawful assistants are authorised and directed at 1st respondents own expense, to evict the 1st respondent and all those claiming through him, from Solusi Adventist High School.
3.... More
This is an application for amendment of a plea brought in terms of Order 20 r 132 of the High Court Rules, 1971. The applicants seek to amend their plea. More
The plaintiff’s claim against the defendants is for breach of a Facultative Reinsurance Guarantee Agreement by the defendants. It seeks payment from the firstto third defendants in the sums of $ 691 892.21, $345946.12 and $ 518 919.18 respectively.
The plaintiff’s claim is based on the following synopsis. The plaintiff issued a payment guarantee in favour of the Zimbabwe Fertilizer Company Ltd (ZFC) in terms of which ZFC agreed to supply tobacco farmers who were members of the Zimbabwe Progressive Tobacco Farmers’ Union (ZPFTU) with tobacco inputs for the 2011 to 2012 farming season. This was on the understanding that... More
The applicant is seeking to be released on bail pending trial in terms of section 117A (1) of the Criminal Procedure and Evidence Act (Chapter 09:07). He is facing a charge of murder in terms of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). In terms of the form 242, it is alleged that on the 6th of January 2024, the applicant and his brother one Pilate Ndlovu assaulted the deceased Sipho Mpofu with stones and bricks and thereby causing his death. It is common cause that the quarrel with the deceased was over the issue... More
This is an application for condonation for late noting of appeal. The Applicant was found guilty in terms of section 46 (1) (b) of the Public Service Regulations SI 1of 2000 and dismissed from employment with effect 23 October 2011. He received the determination around 20 October 2011. Applicant was enjoined to note his appeal within 21days of receipt of the determination. He only filed this application on 1 June 2012 almost 8months after having knowledge of the determination. More
