On 25 November 2021 I dismissed the applicants’ application for bail pending trial based on changed circumstances. I gave my reasons for that decision in court.
On 10 December 2021 applicants wrote to the Deputy Registrar requesting reasons for judgment unfortunately the applicants legal practitioners cited a wrong case number. The applicants’ legal practitioner wrote a follow up letter to the Deputy Registrar on 14 January 2022. I was given this record today at 1600 hours for my attention. More
: The three appellants were convicted and sentenced by the Provincial Magistrate sitting at Masvingo on 10 April 2018. They were charged and convicted jointly for contravening section 45(1)(b) of the Parks and Wild Life Act [Cap 20:14] as read with section 128 of the same Act (hereinafter The Act) which relates to keeping, having in possession or selling any live specially protected animal. Each of the appellants after a contested trial was sentenced to 9 years imprisonment. More
What the applicant seeks by way of default judgment is an order removing the 1st respondent as the Executor Dative of the estate of the late Obert Mhere and a raft of other ancillary relief stemming from or associated with such removal. To put matters into perspective a brief background as same can be gathered from a perusal of documents filed of record will suffice. The late Obert Mhere died on 8 January 2007. He was survived by his wife Sinikiwe Mariva and four children namely, Tatenda Mhere (the applicant), Ratidzo Tapiwanashe Mhere, Charles Mhere and Nobert Mhere. His estate... More
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 urgent chamber application for interdictory relief. The terms of the provisional order sought are as follows:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms: -
The application be and is hereby granted.
The provisional order issued by this court on ........be and is hereby confirmed.
The offer letters authored by the 3rd and 4th respondents in the first and second respondents’ favour in respect of stands 41625 and 41626 Mount Pleasant be and are hereby set aside.
The agreement... 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
This is an application for condonation and extension of time within which to appeal made in terms of r 43 of the Supreme Court Rules, 2018. It is opposed only by the first respondent who has taken a meritless point in limine that the application is fatally defective for failure to furnish the record of proceedings in the High Court. 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
