The applicant is charged with the offence of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The allegations on which he was placed on remand by the magistrate were that, on 12 December, 2018, the applicant entered the deceased’s room at 3705 Glen Norah A where they both resided. The deceased was asleep naked. The accused was armed with two knives and a pair of scissors. The applicant stabbed the deceased several times upon his body until the now deceased passed on. Thereafter the applicant cut off the deceased’s testicles using a... More
The background to the matter is that on 18 March 2016 the Labour Court dismissed an appeal in a labour matter involving the applicant and the respondent employer. It is the dismissal of the appeal which has prompted the applicant to apply to this court for leave to appeal to the Supreme Court in terms of Section 92 (f) Labour Court Act. The basis for the application is that the applicant is of the view that a dismissal penalty was not in place for the infraction he committed of causing his motor vehicle to be repaired on the employer’s account... More
This is an appeal against the decision of the respondent employer’s appeals committee where it upheld the appellant employee’s guilty verdict and dismissal penalty.
Facts giving rise to the case were that the appellant who was in the respondent’s employ as a line supervisor was charged with contravening the respondent Code of Conduct. It was alleged that he had caused his personal motor vehicle to be repaired on an order to the charge of the respondent More
The applicant is facing 5 counts of armed robbery as defined in s126 of the Criminal Law Codification and Reform Act (Chapter 9:23). The applicant denies the allegations. The state alleges that between 9 October 2020 and 23 October 2020 the applicant, in the company of accomplices who are still at large, and two others who are in remand prison went on a rampage around the City of Bulawayo armed with pistols, axes, machetes and bolt cutters stealing cash and other valuables. The five charge sheets against the applicant reveal that the applicant is alleged to have stolen cash amounting... More
This is an application for reinstatement of an appeal, which was not deemed to have been dismissed, but was by consent, struck off at the hearing on 24 November 2020 in SC 99/20, for the reason (per para 18 of the applicant’s founding affidavit) that the applicant “had failed to file heads of argument as required by the rules of this Honourable Court”. More
First and second plaintiffs Simon and Leah Chayayi (“Mr and Mrs Chayayi”) instituted declaratory proceedings for an order confirming their rights title and interest in an immovable property situate in Mutare.
The action was resisted by first, second and third defendants. I will refer to these as “the Harry Trust”, “Mr. Nhiwatiwa” and “Baxter Paints” respectively or just the excipients. The fourth, fifth and sixth defendants are not participant herein. More
A brief background of this matter is a good place to start. The parties are half siblings. Their dispute revolves around the estate of their late father Wise Kambaurayi Guti who died intestate on 10 February 1996. In his estate was an immovable property, Stand Number 3096 Highfield Township, Harare. The plaintiff was appointed heir to his father’s estate by operation of s 6(2) of the Administration of Estates Act [Chapter 6:01]. Resultantly, the plaintiff inherited the property in his personal capacity and it is now registered in his name under Deed of Transfer Number 7493/2000. More
This is a ruling in an application for absolution from the instance at the close of the plaintiff’s case. The basic circumstances are as follows:
The plaintiff is a son to the first defendant. On the 2nd October 2013, the plaintiff issued summons against the first and second defendants seeking an order in the following terms:
1. An order declaring the agreement of sale entered into between the parties in 2001 legal and binding upon the parties
2. An order transferring the right, title and interest in House No. 1740 St. Mary’s Chitungwiza to the Plaintiff within 21 days of... More
On 10 November 2018, I made an endorsement that this matter is not urgent. On 15 November 2018, the applicant’s legal practitioners wrote a letter through the Registrar requesting for audience on the issue of urgency. I caused the matter to be set down for hearing in my chambers on 21 November 2018. This set down torched a storm with the first respondent’s legal practitioner as will be explained later in the judgement. More
This is a purported appeal from proceedings in the magistrate’s court sitting at Rusape. The circumstances were that on the 18 October 2013 the appellant leased his shop to the respondent. The written lease agreement stated, inter alia, that the rental would be $800 per month subject to renew/review after six months.
On 4 August 2015 the appellant sued respondent for arrear rentals in the sum of $3050.00 for the period June 2014 to 30 April 2015 when respondent vacated the premises.
The defendant denied owing the amount and contended that the rentals had been reviewed downwards to $500.00per month... More
This application came by way of a summary judgment application as per R 30 of the High Court Rules 2021. The applicants seek in the main the eviction of respondent and all those who claim occupation through him from Ranch 1090 Hampshire Estate Wilshire Chivhu (hereinafter called the farm). More
The appellant, a foreign national, was arrested and prosecuted in Zimbabwe for violating the national laws regulating dealings in arms and munitions. He was sentenced to a term of imprisonment. Arising out of the charges and whilst the appellant was still serving his term of imprisonment in Zimbabwe, the respondent made a formal request to Zimbabwe in terms of the Extradition Act [Chapter 9.08] (“the Act”), for the extradition of the appellant. In its request, the respondent alleged that the appellant had illicitly dealt in arms and munitions in Zimbabwe as he was enroute to the respondent where he had... More
On 28 July 2004 the appellant was arraigned before the Provincial Magistrates Court, Harare on two charges. Firstly, he was charged with contravening s 4 (2) (b) of the Firearms Act [Cap 10:09]. Secondly, he was charged, with contravening s 13 (1) (e) of the Public Order and Security Act [Cap 11:17].
The appellant tendered a limited plea of attempting to contravene s 4 (2) (b) of the Firearms Act. The State declined to accept such limited plea. In respect of count two he tendered a plea of guilty and he was duly convicted on his own plea. The State... More
On 16 October 2019 we upheld an appeal against both conviction and sentence passed by the court a quo and indicated that reasons would follow. These are they: More
This is an application brought in terms of s 4 of the Administrative Justice Act [Chapter 10.23] (the Act) for the setting aside of the vote of no confidence against the applicant as conference lay leader of the first respondent (The Zimbabwe East Annual Conference of the United Methodist Church of Zimbabwe) which was conducted by the first respondent and presided over by the second respondent (Bishop Eben Kanukayi Nhiwatiwa). The application is brought on the basis that the vote of no confidence was unlawful and was conducted in a procedurally irregular manner contrary to the first respondent’s duty to... More
