In this matter the applicant filed an urgent application seeking the following interim relief:
1. The 1st and 2nd respondents be and are hereby ordered to suspend the execution in any way, of the writ of execution issued under cover of case number HC 3275/17.
2. In the event that 2nd respondent has attached and removed applicant’s property, the 2nd respondent is hereby ordered to release and restore the property to the applicant.
The background of the matter is that the applicant was sued by the 1st respondent in this court and a default judgment was granted against him. It... More
This application was placed before me on 14 July 2022. After perusing the record, a number of issues were of concern to me.
The draft order reads:
“IT IS ORDERED THAT:
1. The application for contempt of Courtis hereby granted.
2. The respondent is and hereby declared to be guilty of contempt of Court.
3. The respondent is and hereby sentenced to 90 days imprisonment the whole of which is suspended on condition that the respondent complies with the order of this Court under HC 5990/21.
4. The Sheriff of the High Court or his Lawful deputy be and hereby... More
This is an application for leave to appeal to the Supreme Court. The test for such application is settled. See Masekesa v Kingdom Financial Holdings SC 18-12 AND Dombodzvuku v CMED SC-31-12.
The background to the matter at hand is that the Labour Court on 14 February 2014 dismissed the applicant’s appeal in a matter which pitted him and the respondent employer. Irked by the dismissal of his appeal the applicant now wants to appeal to the Supreme Court against that 2014 decision. As is trite law it is incumbent upon such an appellant to first seek leave of appeal... More
This is a claim based on the controversial and often emotive delict of adultery. Its controversy stems from the fact that its continued retention on our books has courted support and opposition alike in almost equal measure. Whereas its proponents justify its retention on the basis that it is an important safeguard to the sanctity of marriage and resonates with the nation’s culture and mores, its opponents on the other hand argue that the delict is antiquated and is completely out of sync with the current permissive and liberal society and above all discriminatory and therefore no longer serves any... More
1. This is an appeal against sentence only.
2. The appellant was convicted of rape as defined in S 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to twenty years imprisonment of which three years imprisonment was suspended for 5 years on the usual conditions of good behaviour, to leave an effective custodial term of seventeen years imprisonment.
3. The trial court rejected the appellant’s defence that the act of sexual intercourse was consensual. Aggrieved with the conviction and sentence the appellant sought leave to appeal the conviction and sentence out of time and... More
This is an application for bail pending appeal. The applicant was convicted by the Regional Magistrate at Harare of the offence of rape as defined in s 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:33]. The allegations against the applicant which he denied were briefly that the applicant and the complainant (aged 17 years old) were neighbours residing at Zimbabwe National Army 2 Brigade Flats in Cranborne. The applicant during the night of 27 February, 2017 knocked on the door to the complainant’s residence but on seeing him, she shut the door. More
This is an appeal against conviction on six counts of unlawful entry into premises as defined in s 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The appellant was sentenced to 5 years imprisonment on each count. Of the total 30 years imprisonment 2 years imprisonment was suspended for 5 years on the usual condition of good behaviour. A further 8 years imprisonment was suspended on condition of restitution. The appellant’s motor vehicle was forfeited to the state. More
MABHIKWA J: For good reason, I will endeavor to outline the brief history of this matter, it is as follows;
On 9 January 2017 at around 0730 hours and at the intersection of Fife Street and Leopold Takawira Avenue in Bulawayo, one Sitshengisiwe Guveya was driving a Mazda Bongo, registration number 4646. She was arrested by the police. More
Appellant appealed to this Court against an arbitration award made in favour of respondent. The award dismissed appellant’s claim of unfair dismissal by respondent. The basis of the award was that respondent, having alienated its business to a third party, appellant had used the wrong party. Appellant’s case was that there was no transfer of an undertaking. More
: For wanting to be declared the lawful holder of rights, title and interests in the property known as stand number 6387 Retreat Waterfalls Harare, and for first respondent to vacate the said stand to give applicant vacant possession, applicant approached this court in terms of section 14 of the High Court Act [Chapter 7:06] (THE ACT) applying for a declaratur. More
The applicants are facing charges of armed robbery as defined in section 126 of the Criminal Law Codification and Reform Act (Chapter 9:23). The state alleges that on 11 December 2018 the applicants acting in connivance with eight other persons who are still at large acquired two vehicles which included a Toyota Hilux truck and a Toyota Fan Cargo, registration number ADL 1349 which was being driven by the 5th applicant. The applicants armed themselves with 3 rifles and pistols. The applicants proceeded to Mimosa turn off, along the Zvishavane – Bulawayo highway. The applicants arrived at Camlark Investments where... More
MAWADZE J: In this appeal the appellants have literally thrown the proverbial kitchen sink at the court as it were. All manner of issues have been raised.
The appeal is against both the conviction and the sentence. Both appellants were convicted on their pleas of guilty at Masvingo Magistrates Court on 6 March, 2021 for contravening section 368(2) of the Mines and Minerals, Act [Cap 21:05]. In the street parlance this offence is sometimes referred to as “gold panning”.
Each appellant was sentenced to 2 years imprisonment after a finding was made that there were no special circumstances in the... More
[1] The plaintiff, an individual, sues the defendant, a micro finance company, for payment of US$75 000-00. At trial the plaintiff’s claim reduced to US$63 830-00. The claim is based on two acknowledgements of debt by the defendant in favour of the plaintiff for US$11 500-00 and US$63 500-00 signed on separate occasions. In addition, the plaintiff relies on a certain extract of a resolution by the defendant. In essence this resolution proposed two alternative modes of repayment of the plaintiff’s amounts. More
The four appellants appeared before the court of the magistrate sitting at Chitungwiza facing a charge of contravening s 7 (1) (a) or (b) of the Communal Lands Act [Chapter 20:04] i.e occupying or using communal land without lawful authority. They were unrepresented. More
At the end of hearing argument for both parties the Court dismissed this application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. More
