The plaintiffs issued summons against the defendants claiming the sum of US$402 000-00 being ‘excess of costs that the plaintiffs will pay for the construction of 3 villas on stand number 553 Quinnington Township Borrowdale’. The plaintiff further claimed interest on the above sum calculated at the prescribed rate plus costs of suit.
The second defendant gave notice in terms of the rules that, unless the summons were withdrawn, it would except thereto. The summons not having been withdrawn, the second defendant duly filed the exception simultaneously with a special plea. The second defendant excepted on the grounds that the... More
The plaintiff is a duly registered Estate Agent with the Estate Agent Council of Zimbabwe.
The defendant is a duly registered company in terms of the laws of Zimbabwe.
On the 5th May 2014 the plaintiff sued the defendant in this court claiming from the defendant:
1. Payment in the sum of $ 30 000.00 being agents’ commission for a property duly sold at the instance of the defendant.
2. Interest on the said $30 000.00 from the date of demand being the 28th of February 2013 to the date of payment in full.
3. Costs of suit. More
On 8 January 2010 the applicant filed this application seeking the following relief:
“It is ordered that:
1. The cancellation of the Lease Agreement between the parties be and is hereby confirmed.
2. The first respondent and all those claiming occupation of the property being No. 74 Douglas Road, Workington, Harare through it be and are hereby ordered to vacate the property forthwith failing which the Deputy Sheriff be and is hereby authorized to evict them at their expense.
3. That the respondents pay arrear rentals in the combined sum of US4 418-00 jointly and severally the one paying the... More
This is an appeal against the whole judgment of the High Court dated 3 October 2016. After hearing argument in the matter, we allowed the appeal and made the following order:
1. The appeal be and is hereby allowed.
2. The judgment of the court a quo is set aside and is substituted with the following, “The accused is found not guilty and is discharged.” More
This application followed a referral of the matter to this Court by the Magistrates Court in terms of s 24 (2) of the former Constitution of Zimbabwe (“the old Constitution”). More
This judgment is in respect of three matters which were consolidated for the purpose of the hearing. These are HC 1442/10, HC2480/10 and HC 6520/10. By agreement reached at the pre-trial conference, the citation embraced herein is what is to apply in respect of the three matters. At the pre-trial conference the parties agreed, among other things, that none of them has the right to represent the seventh defendant in these proceedings. This is so because what is at the centre of the dispute is the shareholding in that company which shareholding was the subject of a sale agreement between... More
The appellant was convicted by a regional magistrate on four counts of rape. He pleaded not guilty but was convicted on all four counts after a full trial. He was sentenced to 12 years imprisonment of which 4 years were suspended on conditions of good behaviour. The four counts were treated as one for purposes of sentence. More
1.This is an opposed appeal against the decision of the respondent’s Disciplinary Authority. Seven grounds of appeal were raised as follows:
1.1 “The Disciplinary Authority erred at law in holding that the raising of an additional charge after the suspension of the employee was valid at law. More
This is an application for bail pending trial. At the hearing of the application I dismissed it ex tempore. The applicant has requested for full reasons. Here are they. More
This is an application for rescission of default judgment brought in terms of Order 9, rule 63, and sub rule 1 of the Rules of the High Court of Zimbabwe 1971. The applicants also seek an order that they be allowed to file their plea within ten days of the date of the order, and that each party bears its own costs. More
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
