The background facts to this urgent chamber application are as follows:
The three respondents were elected members of the National Assembly in the 2008 general elections. They were elected under the ticket of their party the MDC and were dully sworn in as members of Parliament for Nkayi South, Lupane East and Bulilima East constituencies respectively. They were subsequently expelled from the party and their membership of parliament terminated at the behest of the party. More
The applicants seek leave to appeal against the judgment of this court granted under case HH 273-12 (HC 8542/10). In that case the applicants raised a point in limine in which they sought to rely on the provisions of r18 of the Rules of Court to preclude the respondent (then applicant) from pursuing an application against the first applicant on the ground that prior leave of this court had not been obtained. I dismissed that preliminary issue and granted leave for the applicants to file their opposing papers so that the matter could be determined on the merits. More
This is an application for leave to appeal against the judgment of the magistrate courts wherein the Regional Magistrate J Mabeza Esquire sitting at Gwanda Regional Court acquitted three respondents on certain charges which I will set out in detail later. The applicant was dissatisfied with the acquittals and filed this application for leave to appeal against the judgment of the convicting court on 9 February 2016. Regrettably the record of the application was misfiled. The record has since been located. I also wish in this regard to acknowledge the efforts of the applicant’s representative who in the meantime supplied... More
In terms of section 121 (3) of the Criminal Procedure and Evidence Act (Chapter 9:07) it is provided that:
“Where a Judge or Magistrate has admitted a person to bail, and an appeal has been noted by the Prosecutor General or Public Prosecutor under subsection (1), the decision to admit to bail remains in force unless, on the application of the Prosecutor General or Public Prosecutor, the Judge or Magistrate is satisfied that there is a reasonable possibility that the interests of justice may be defeated by the release of the accused on bail before the decision on appeal, in... More
This is an application for leave to appeal against the respondent’s acquittal at the close of the state case. The applicant is the Prosecutor General of Zimbabwe. The application was filed in terms of section 61(b) of the Magistrate’s Court Act [Chapter 7:10]. An affidavit of one Blessing Gundani, a Principal Public Prosecutor, stationed at Tredgold Building, Bulawayo is used in support of the application. Again, in support of the application, applicant attached the charge sheet; outline of the state case, respondent’s defence outline; a copy of the proceedings from the magistrate’s court; a copy of the ruling from the... More
In this appeal, the Prosecutor General pursuant to an order for leave to appeal having been granted by a judge of this court on 19 August, 2014, noted an appeal against the acquittal of the respondent by the Regional Magistrate Eastern Division on 26 April, 2012. The respondent then a 58 year old Israel National was charged on two counts of statutory contraventions. In the first count the respondent was charged with a contravention of section 3 of the of the Precious Stones Trade Act, [Chapter 21:06]. More
The applicant has proved, on a balance of probabilities, that the undivided 1 8668% share number L8 in a certain piece of land situate in the district of Salisbury called stand number 2485 Arlington Estate measuring 2.4 hectares held under Deed of Transfer registered Number 3113/2017 dated 10 August 2017 is tainted property. It is forfeited to the State. More
Applicant seeks an order in the following terms;
“1. The holding of edict meetings by 1st respondent is hereby declared illegal. The meetings held on 3rd August and 19th August 2016 and 14th November 2016 presided over by 1st respondent are hereby set aside.
2. The 1st respondent’s withdrawal of Letters of Administration issued in favour of applicant is hereby set aside.
3. The appointment of 2nd respondent as executor of the Estate Late Edward Hekaku Boohene is hereby set aside.
4. Applicant be and is hereby confirmed as the executor in the Estate Late Edward Hekaku Boohene and shall... More
The respondent in this case was employed as a human resources manager by the appellant.
He was charged with the offence of falsifying employment records of one Robert Mallet by drawing up an employment contract for the said Robert Mallet without using his actual name but using an alias, Robert Matenda.
The employer argued that the respondent’s intention was to conceal the identity of the employee in question who was the then Chief Executive Officer’s son. More
MAKONI JA: This is an appeal against the whole judgment of the High Court handed down on 31 January 2019 in which it upheld the respondent’s appeal and granted an order for the eviction of the appellant More
This is an urgent chamber application for an order suspending the execution of the judgment granted in Case No HC 5385 B/22 pending the determination of an application for its rescission filed under HC 7557/22. The applicant also seeks an order interdicting the first and second respondents from acting as its directors, shareholders or officers pending determination of the application for rescission of the judgment. Costs are being sought against any party that opposes the application while there is a proposal for each party to bear its own costs for those that have not opposed it. More
The present matter relates to interpleader proceedings instituted by Claimant in terms of Order 30 of the High Court 1971 (The Rules) whereby the court is requested to determine competing rights of the parties. More
