The first respondent is the Zimbabwe Electoral Commission, which is an independent commission tasked with running electoral processes in Zimbabwe. The second is the first respondent’s Chief Elections Officer who is in charge of the first respondent’s operations.
The appellants filed a joint notice of appeal on 25 June 2023 in terms of s 46 (19)(b) of the Electoral Act [Chapter 2:13] as read with rules 10 and 11 of the Electoral (Applications, Appeals and Petitions) Rules, 1995, Statutory Instrument 74 A, 1995.
The appeal is opposed by the respondents in terms of r 12 of the Electoral (Applications, Appeals... More
This application will be better understood against the background that follows. The facts of this matter appear in the founding papers, opposing affidavit of 2nd respondent and the submissions made by Mr Demo counsel for the Speaker of the Parliament of Zimbabwe (Speaker). More
The plaintiff and the first to the seventh defendants are families claiming entitlement to ascend the Zvimba Chieftainship. They are all descendants of Neiteve Chihobvu the founder of the Zvimba chieftainship. More
This is an application for dismissal, for want of prosecution, of an application for review in case number HC 3299/15 (“the main matter”).
The instant application was brought in terms of Order 32 Rule 236 (3) (b). After hearing argument from both counsel on the 12th July 2018 I gave the following order;
“1. The application be and is hereby dismissed.
2. There is no order as to costs.”
On the 17th July 2018 I received, through the Registrar, a written request for the reasons for the order. These are the reasons:
The following facts are common cause. Respondent filed... More
This is an application for specific performance in terms of Order 32 of the Old High Court Rules 1971. Applicants are claiming conveyancing mandates over certain properties belonging to 2nd respondent. In the alternative applicants claim 80% fees premised off a conveyancing tariff SI 24/2013. More
This matter concerns a claim for unpaid legal fees by the plaintiff, a prominent law firm, represented by Mrs. Beatrice Mtetwa. The defendant, Ms. Marian Chombo, engaged the plaintiff to represent her during acrimonious divorce proceedings that spanned several years. Despite receiving extensive legal services, the defendant failed to settle the agreed legal fees, leading to this action. More
The applicant is a registered Trust. The applicant claims to have purchased a sizeable number of immovable properties in Harare from the first respondent on 18 November, 2018 for a total purchase price of USD $1650.00. The sale was reduced to writing in an agreement in duly signed on behalf of both parties. The applicant has petitioned the court for an order to compel the first respondent to transfer the properties to the applicant against payment of the purchase price of USD$1650 000.00. The first respondent opposes the application and prays for its dismissal with costs. It has described this... More
The facts giving rise to this application are mainly common cause. The applicant and the respondent were formerly husband and wife. A decree of divorce was granted in this court on 5 August 2010. The applicant has approached this court alleging that the respondent is in contempt of this order and applies for relief in the following terms: More
On 23 June 2014 the first respondent issued summons out of the magistrates’ court against the appellant, as the first defendant, and the secondrespondent, asthe second defendant, jointly and severally, one paying the other to be absolved. More
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
