The applicant was arraigned before a magistrate sitting at Gweru on the 14th June 2018 facing a charge of contravening section 114 (2) of the Criminal Law (Codification & Reform) Act (Chapter 9:23), stock theft. The allegations being that on 8 October 2017 he stole two cows belonging to the complainant, one Nokuthaba Ndlovu. The applicant pleaded guilty to the offence and was duly convicted and sentenced to 9 years imprisonment after the court made a finding that there were no special circumstances warranting the imposition of a sentence less than the mandatory sentence as prescribed by law. The applicant... More
This is an application wherein applicant seeks the following relief:-
1. It be and is hereby declared that by virtue of the operation of proviso
(1) to section 11 of the Administration of Estates Act (Chapter 6:01), the 1st respondent did not have the power to declare the Last Will and Testament of the late Andrew Sibanda executed on 16 December 2013 null and void.
(2) It be and is hereby declared that by operation of section 16 (4) and (5) of the Wills Act (Chapter 6:06), the Last Will and Testament of the late Andrew Sibanda executed on the... More
On 12 May 2020, the applicant filed this court application seeking an order to set aside a consent order granted on 12 February 2020. It prayed that the consent order handed down at Bulawayo on the 12 February 2020 under case number HC 320/2020 be set-aside; the interim relief prayed for by respondents in case number HC 320/2020 be and is hereby granted in lieu of the consent order; applicants be and hereby ordered to file their notice of opposition within 10 days of this order and that there be no order as to costs. More
This is an application for summary judgment in terms of Rule 30 subrule (1) of the High Court Rules, 2021. It is trite that an application of this nature may be made where the defendant has no bona fide defence to the plaintiff’s claim or based on a liquid claim such as an Acknowledgement of Debt duly entered into by and between the applicant and the respondent. More
The applicant is a corporate duly registered in terms of the laws of Zimbabwe. It is suing out for a declaratory order to the effect that the judgment debt in case number HC 1977/18 is payable in United States Dollars or in Zimbabwean dollars converted at the bank rate subsisting at the time payment will be made. The relief it seeks as per its draft is couched as follows: More
The applicant applied for bail pending trail. The applicant is awaiting trial on a charged of rape in terms of s 65 of the Criminal (Codification and Reform) Act [Chapter 9:23]. I dismissed the application. More
This is an urgent chamber application in which the applicants seek an order couched thus;
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That no mining activities, milling and carrying of ores should be carried out at RA MID002 in the mining district of Midlands measuring 45 hectares until the resolution of the mining dispute by the 2nd respondent or an order by a court of competent jurisdiction.
2. Respondents to pay costs of suit on an attorney client scale if... More
The appellant, who was 18 years at the time of the alleged offence, was found guilty of raping an old woman of 77 years. He appeals against both conviction and sentence. He raised four grounds of appeal. The first ground was that the learned trial magistrate misdirected herself by convicting the appellant in light of the fact that the appellant gave a version of events which was reasonably possibly true and was not demonstrated to be false by the evidence led during trial. More
This is an application for condonation of late filing of an application for confirmation of a ruling issued by the Applicant in the dispute between the1stand 2nd Respondent. The application is opposed by the 1st Respondent. The 2nd Respondent has not responded to the application. The 2nd Respondent, was also in default on the date of the hearing despite proper service having been effected on her. More
This is an appeal in which the appellant appealed against parts of the High Court’s (“the court a quo”) judgment handed down on 30 April 2023. The court a quo ordered the appellant to surrender a motor vehicle, cellphone, iPad and laptop to the respondent. The appellant was dissatisfied by the court a quo’s finding that the Chief Executive Officer (“CEO”) had locus standi to sue the appellant without a board resolution to that effect. More
The Applicant is a former employee of the 1st Respondent. He was employed in the capacity of ICT Manager in April 2012. On the 5th of July 2021 the 1st Respondent served him with a suspension letter and a charge sheet. The 1st Respondent levelled a charge of breach of section 4(a) of the Labour (National Employment Code of Conduct) Regulations 2006 (Statutory Instrument 15 of 2006) i.e. (a) any act or conduct or omission inconsistent with the fulfilment of the express or implied conditions of (your) contract. More
This is an application for condonation of the late noting of an appeal. It does not state the rule of this Court in terms of which it is made, a situation not helped by the failure in both the body of the application and the draft order sought, to advert to the need to extend the time within which to appeal. It is common cause that the time within which to appeal lapsed long back. More
This is an application for review based on the following grounds:-
1. The Respondent without following due process of law withheld applicant’s salary from October 2019 when he was not sitting on a suspension without pay, court order or termination of employment.
2. The decision of the Respondent to dismiss applicant whilst he was sick and bed ridden was unprocedural and violates the principle of natural justice and constitutes a serious procedural impropriety which violates principles of natural justice particularly the audialterampartem principle.
3. The Respondent committed gross procedural irregularities by convicting and dismissing applicant against the medical report advising... More
The applicants who were both self-actors filed their applications separately for hearing on the same date. By consent the bail applications of the jointly charged applicants were consolidated and both applications were accorded chance to address the court. The state opposed both applications for bail citing compelling grounds militating against the admission of applicants to bail.
The applicants were arraigned before Magistrate Court Rusape facing allegations of murder as defined in s 47 of The Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 27 September 2020 the two applicants in the company of 2 others... More
This is an appeal against the decision of the respondent to discharge appellant from service following conviction for misconduct. Appellant was a nurse aid at Karoi Hospital. He was charged and convicted of improper or discourteous behaviour including sexual harassment. He was also charged and convicted of committing an act or omission inconsistent or prejudicial to the discharge of official duties. The Disciplinary Committee recommended his dismissal. The Disciplinary Authority agreed with the recommendation and discharged him from service. Appellant subsequently appealed to the respondent which appeal was not successful. Appellant then appealed to this Court on 16 October 2012... More
