On the 14 March 2018 after hearing counsel we granted the following order;
“The appeal be and is hereby dismissed.”
The reasons for dismissing the appeal in respect of both conviction and sentence were given ex tempore. Later counsel for the appellant requested written reasons for dismissing the appeal. We now provide the said reasons. More
This is an application for review of the decision of the first respondent herein (the Master) in accepting the will of the late Haggai Morel Mubariki who passed away on 8 January 2021. The review application is brought by his widow, Silence Mubariki, with whom the deceased had a civil marriage. More
This is a civil appeal. The dispute between the parties is over a piece of land that is at the boundary of their adjoining properties.
The appellant made an application before the court a quofor a spoliation order and a prohibitory interdict. The application was dismissed. He now appeals to this court. More
This is an appeal against a judgment by a Magistrate sitting at Gweru Magistrates Court. We dismissed the appeal and gave an extempore judgment. Our reasons have been requested and these are they:
In the Court a quo appellant applied for custody of two minor children born of her and respondent. The appellant and respondent are husband and wife.
The appellant in her founding affidavit averred as follows:
On 5 November 2020 she left the matrimonial home due to marital difficulties. She sought and obtained a protection order against the respondent. Upon leaving the matrimonial home she left the minor... More
The parties are agreed in these proceedings that only four applicants remain in this matter and these are Silver Anne Mungofa, Eileen Mazombwe, FeresiaMandizvidza and Davison Chigudugudze More
In this urgent chamber application the applicants seek a spoliation order couched as follows:
“It is ordered that:
1. That applicants’ their employees, agents or invitees possession to Lot 8 of Newcastle also known as Silverton Estates in the District of Chipinge be restored.
2. That first to third respondents and all others acting through them provide free and unfettered access by applicants, their employees, agents or invitees to Lot 8 of Newcastle.
3. That the Deputy Sheriff, should it become necessary, be and is hereby authorized and empowered to attend to the removal of first to third respondents and... More
This urgent application was filed on the 7th February 2020. I heard the parties in chambers on the 13th of February 2020. This is my determination on the chamber application. More
DUBE-BANDA J: This is an urgent chamber application in which the applicant seeks a provisional order staying execution against its property under warrant of execution issued by this court on the 22nd June 2021. The warrant of execution is in the sum of USD $29 700. The warrant of execution is in pursuance of default judgment in HC 457/19, in favour of the 1st respondent. The application is opposed by the 1strespondent. The 2ndrespondent is cited in his official capacity because the implementation of the order sought by the applicant, if granted may require him to act in a particular... More
We dismissed the appeal in this matter and gave our reasons ex tempore. The appellant subsequently, inarticulately requested for a certificate to enable him to approach the Supreme Court. Essentially the appellant wants the written judgment of the court. More
The applicant approached this court seeking a spoliatory relief, in other words, a restoration order directing the respondent to restore a motor vehicle which the applicant alleges was arbitrarily seized from him on 1 November 2019. The applicant was in possession of a vehicle namely Ford Ranger Registration number AEV 6196, Engine number SA2KPEP15708 and Chasis number AFAPXXMJ2PEP1570, before the respondents impounded the vehicle causing it to be parked at Mutare Central Police Station. The respondent is opposed to the application, in summary, on the basis that the seizure of the vehicle was lawful and that the vehicle in question... More
The matter comes before this Court for quantification of damages in pursuit of this Court’s order. The Applicant’s claim is for payment of an equivalent of seventy months’ salary totalling USD36 470.00. This amount is broken down as follows:-
1. Premature termination (36 months x $521.00) $18 756.00
2. Punitive damages (12 months x $521.00) 6 252.00
3. Gratuity (22 months x $521.00) 11 462.00 More
The plaintiff and the defendant are husband and wife who were married on 31 July 2015, in Harare, in terms of the then Marriage Act [Chapter 5:11]. The marriage was blessed with two children being Elianna Tadiwa Ruwodo (born on 8 February 2017) and Alayna Atipa Ruwodo (born on 5 March 2021). The marriage relationship has fallen on unhappy times leading to the institution of these divorce proceedings. More
This is an application for stay of execution of a default judgment.
The facts are briefly asfollows. Applicant borrowed some money from respondent which money applicant failed to repay in full resulting in respondent issuing summons claiming payment of the sum of $520 000-00. Applicant had signed an acknowledgement of debt wherein he acknowledged owing respondent that amount. Upon receipt of the summons, applicant entered appearance to defend within the diesinduciae. Somehow a default judgment was granted after a request had been made. The applicant applied for rescission of that default judgment. He has also applied for an order staying... More
This is an appeal against the decision of the respondent’s internal appeal body.
The appellant was dismissed from respondent’s employ following disciplinary proceedings for gross negligence in terms of the applicable code. More
A convicted killer, who, by all accounts, should have received a stiffer penalty if not the ultimate one, but for the generosity of the trial court which suddenly became unbelievably lenient despite the prosecution’s pleas for a sentence of life imprisonment, appealed against the sentence of seventeen years imprisonment. The sentence was imposed on 7 July 2017.
If ever there was a trifling with an appellate court by a recalcitrant, unrepentant and indeed ungrateful litigant, this appeal deserves a special prize for it. After hearing arguments from the parties, with the appellant self-representing, the court was exceedingly unanimous in its... More
