MABHIKWA J: The applicant made this application in terms of Order 49 Rule 449 of the High Court Rules 1971 purportedly to seek the rescission of a judgement granted under case No. HC 803/19 on the ground that an error had been made in granting the judgement. She also sought an order for the removal of the 3rd respondent as Executrix Dative in the estate of the late Laiza Khumalo. More
At the conclusion of the trial in this matter, the parties requested to file written submissions. I directed that the plaintiff’s closing submissions be filed by 7 March 2013 while those of the defendant should be filed after that. I have only had sight of the defendant’s closing submissions but those of the plaintiff have not been brought to my attention. More
This matter was set down as a review at the instance of the applicant employee against a decision by the respondent employer where the employer had transferred the applicant to one of its stations.
On the set down date 12 May 2016 it was brought to the court’s attention that the applicant has since been dismissed from employment hence any decision on instant review would only be of academic relevance. In that regard the parties requested a chance to dialogue over that with a view to applicant withdrawing his review application on account of its academic nature. On 17 June... More
Plaintiff and first defendant married on 8 April 2000 and divorced by order of the United Kingdom Family Court at Dudley on 17 September 2017. Second defendant is a brother to the first defendant. More
That you show cause to this Honourable Court why a final order should not be made in the following terms:
Pending the finalization of the divorce proceedings filed by applicant under case No. HC 1600/22:
1. 1st Respondent be and is hereby interdicted from interfering with applicant’s running of 3rd respondent’s business affairs carried out at Shop 14 Bulawayo Centre, JMN Nkomo Street and 9th Avenue/Fort Street and 10th Avenue, Bulawayo.
2. 1st Respondent be and hereby barred from interfering or tampering with the lease agreement between 3rd respondent and National Railways of Zimbabwe Contributory Pension Fund.
3. 1st respondent... More
This is an appeal against part of the judgment of the High Court sitting at Bulawayo handed down on 4 June 2020 as HB 87/20, under HC 1124/17. The part appealed againstis the order by the court a quo dismissing the application for amendment in respect of an alternative claim and prayer seeking to compel the respondents to transfer 8000 squaremetres of land to the appellant. More
In this matter the plaintiff issued summons claiming the ejectment of the 1st defendant and all those claiming through him from her farm namely subdivision 2 Oaklands, Insiza arising from the offer letter issued to her on 6th June 2014. More
MAVANGIRA JA:
1. This is an appeal against the entire judgment of the High Court sitting at Harare, in which the court granted a declaratur in favour ofthe first respondent asserting that hewas the lawful holder of rights and interests in the property known as stand 6401 Retreat Waterfalls. The court also ordered that the appellant and all those in occupation through her should vacate the property. More
This is an urgent chamber application for stay of proceedings. The applicant appeared in the Magistrates’ Court facing one count of theft as defined in section 113 (2) (d) of the Criminal Law Codification and Reform Act and one count of money laundering in violation of section 8 (1) (a) and (d) of the Money Laundering and Proceeds of Crime Act (Chapter 9:24). The accused pleaded not guilty to both counts. The matter proceeded to trial. The state called four witnesses before closing its case. The defence made an application for discharge at the close of the state case. The... More
1. This is an opposed chamber application. Applicant seeks an order to compel 1st respondent to sign all necessary papers to transfer certain properties into her name. The properties that are sought to be transferred into applicant names are these: house number 70942 Lobengula West, Bulawayo; Lot 5 of Stand 188 of Matsheumhlope, Bulawayo;Subdivision 12 of Subdivision 21 of Subdivision A called GumtreeClaremont, Bulawayo, also known as number 12B Alwin Park Road, Gumtree, Bulawayo; and Subdivision 21 of Subdivision A called Claremont. More
The two appeals CIV ‘A’48/19 and CIV ‘A’13/20 were consolidated by consent of the parties. They involve the same parties and involve the same issues around a certain property in ZvishavanenamelyStand Number 149/ ST 53 Mandava Township. It was agreed that the parties would filesupplementary heads of arguments embracing the two cases. More
This application is premised on the following grounds, that:
1. Respondent’s decision to cancel applicant’s certificates of registration number 46035 to 36038 commonly known as Botha Mine 1 to 4 is procedurally unfair in that respondent did not provide reasons for his decision to cancel the certificates.
2. Respondent’s decision to cancel the certificates is vitiated by gross irregularity in the proceedings in that applicant was not informed of the outcome of the survey process done on 28 May 2021, and was not given an opportunity to be heard on such outcome. The survey process was important and was used... More
This is an urgent chamber application for an interdict against the first respondent. The second respondent is the Sheriff of Zimbabwe whilst the third respondent is the Officer-in-Charge ZRP Bindura (Minerals and Boarder Control Unit). The first respondent opposed the application, and in doing so, raised some preliminary points which are as follows.
Matter is not urgent More
The accused (hereinafter referred to as “the applicants” charged are facing a charge of “Theft” as defined in section 113 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] or alternatively “Defeating or obstructing the course of justice as defined in section 184 (1) (a) of the same Act.
At the closure of the state case, all the applicants filed respective applications for discharge at the close of the prosecution case. The applications were made in terms of section 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07]. The applications were all dismissed on 13 May... More
