Electronic Court judgements

Browse all Court Judgements

This was an appeal against the decision of the Regional Magistrate’s Court, Masvingo, dismissing the appellant’s application for bail pending appeal. The appellant, a 65 year old male, was charged with indecent assault and rape. The allegations on indecent assault were that he had, without her consent, fondled the complainant’s breasts, fondled her private parts and had got her to stroke his erect penis. On rape, the allegation was that the appellant had had vaginal intercourse with the complainant without her consent. More

This is an urgent chamber application in terms of which first applicant seeks the following relief per provisional order:- TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following terms: 1. The respondents and all those acting through them be and are hereby barred from implementing second and third respondents’ decision of the 23rd of May 2017 against the applicants and accessing the applicants’ mining area pending the finalization of the review application filed by applicants under case no. HC 5172/17. More

On 15 December 2016 the five plaintiffs who were then self-actors issued summons suing the five defendants More

MAVANGIRA J: The appellant was charged with two counts of attempted murder. He pleaded not guilty before the Acting Regional Magistrate at Harare but was convicted after a trial. In relation to the first count the allegation against the appellant was that he “attempted to cause the death of Constable Chimhungwe, Constable Chawapiwa, Tewende, Sergeant Maragedze and Sergeant Zhuwawo by intentionally driving straight towards them, realising that such action could cause the death of Constable Chimhungwe, Constable Chawapiwa, Tewende, Sergeant Maragedze and Sergeant Zhuwawo” (sic). In relation to the second count the allegation was that he attempted to cause the... More

The applicants were on 15 September, 2016 convicted on their own plea of guilty by the Regional magistrate sitting at Kadoma on a charge of assault and another of attempted murder as defined respectively in ss 89 and 47 (1) (b) as read with (1) (a) of the Criminal Law Codification Reform Act, [Chapter 9:23]. On the first count they were each sentenced to pay a fine of $100.00 in default 3 months. On the second count, they were each sentenced to 10 years imprisonment with 2 years suspended for 5 years on condition that they did not commit a... More

This is an application in terms of Order 40 r 348A (5a) for the postponement or suspension of a sale in execution of the applicant’s dwelling house at Stand 446 Strathaven Township 2 of Strathaven A held under Deed of Transfer 319/2005. The application is opposed by the first respondent. An opposing affidavit originally filed on behalf of the first respondent on 29 November 2017 was withdrawn because it had been signed by a person other than the first respondent herself. It is not explained how a Commissioner of Oaths commissioned that affidavit. That affidavit was withdrawn and a fresh... More

The plaintiff in this matter has issued Summons for payment of the sum of EUR 6,640,295.94 together with interest and costs of suit. The claim arises pursuant to a default judgment of the Regional Court of Frankfurt entered in favour of Kreditanstalt fur Wiederaufbau (KFW) as against the defendant on 25 July 2006. More

Applicant filed an application in this Court for the review of his dismissal from employment by Respondent. The Respondent opposed the application. More

The applicants approached this court by urgent chamber application filed on 18 June 2018 seeking urgent interim relief in the form of a temporary interdict couched as follows: More

DUBE-BANDA J: This is an appeal against the entire judgment of the magistrate’s court sitting at Tredgold Bulawayo, dated 18 September 2019. The court a quo ordered appellants to pay respondent, jointly and severally, the one paying the other to be absolved, the sum of US$ 53 969.85; interest at the prescribed rate calculated from the date of summons to the date of final payment; and costs of suit on a legal practitioner and client scale. Appellant was aggrieved by the judgment and noted an appeal in this court. In the main, the appeal is about whether the court a... More

1. This is an application for bail pending trial. The applicant is charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 3rd November 2022 at around 2300 hours at Msotsha Bar, Nkankezi Business Centre, Filabusi the accused acting in common purpose with an accomplice still at large caused the death of Benito Dube (deceased). It is alleged further that the applicant stabbed the deceased with an Okapi knife, once on the back, once on the left side of the stomach, and... More

This is an urgent chamber application for a spoliation order. The applicant seeks restoration of what it claims has been its peaceful and undisturbed occupation and use of a certain piece of land, being 40 hectares of Buckland Estate, which is a subdivision of 280 hectares of Buckland Estate, situated in the District of Goromonzi. More

The facts of this matter are common cause. There is in existence a Collective Bargaining Agreement governing the timber sector of the agricultural industry, Statutory Instrument 55 of 2013. (CBA). The CBA provides, inter alia, for a minimum wage of US$150.00. The parties engaged in wage negotiations in which the respondent initially sought for an increase of the minimum wage from US$150.00 to US$180.00. It eventually backed down to the gazetted minimum wage. Its position was that this should be maintained at US$150.00 as agreed in the CBA. More

The applicant herein seeks the following order:- “WHEREUPON after reading the papers filed of record and hearing Counsel: IT IS ORDERED AND DECLARED THAT: (a) The applicant duly paid all import duties and taxes for the motor vehicle: Make Toyota Landcruiser Model 200 series Engine No. IVD 0032379 Chassis No. JTMHV05J004018755 (b) That the payment of duty released the motor vehicle from any and all encumbrances connected with the immigrant’s rebate. (c) That the first respondent is not entitled to demand, seize or impound the motor vehicle. (d) That the first respondent shall not demand the surrender of the motor... More

This is an application for absolution from the instance by the defendant at the close of the plaintiff’s case. The defendant contends that there is no need to call the defendant to rebut the plaintiff’s claims because there is no evidence that has been placed before the court to rebut. The facts of the case are relatively narrow. The plaintiff Timothy Curtis Jackson is a commercial farmer who at the material time was leasing Ruya Ranch Farm from one Mr Nyamupfukudza for the purposes of commercial production of tobacco and maize amongst other crops. The plaintiff and defendant entered into... More