This is an urgent chamber application for an interdict restraining the first respondent from encroaching onto the applicant’s immovable properties described as Stands 19774 and 19775 Town Centre, Seke South, Chitungwiza. The application is opposed by both the first and second respondents. The second respondent only filed its opposing papers after I had asked that it places the correct facts on record given that the evidence tendered by both the applicant and first respondent suggested that the dispute had arisen as a result of the conduct of the second defendant in relation to those two parties. More
I heard this application on 16 July, 2024. I, on the strength of the preliminary point which the first respondent raised, struck it off the roll with costs. I did so by way of an ex tempore judgment. More
On the 4th of June 2015, the applicant was convicted of murder with actual intent by this court siting at Masvingo. The presiding judge, BERE J, found that the murder was committed in extenuating circumstances arising from intoxication and provocation thereby sentencing the applicant to imprisonment for 25 years. More
The applicant is 22 years old and faces 3 counts of robbery in contravention of s 126 of the Criminal Law Code [Cap 9:23], it being alleged that on 22 September 2013, 15 October 2013 and 18 October 2013 himself and 3 others robbed the complainants of their motor vehicles using the same modus operandi. They allegedly hired the complainants to transport them to destinations before robbing them on the way. More
This is an appeal against an arbitral award.
The appellant alleges that he was employed at the respondent’s home stead for a period of about five years but he was not paid. He is suing for his arrear salaries in the sum of $4 700-00. More
This is the 3rd bail application the applicant has filed. He was unsuccessful in the first two and has decided to try his luck one more time. The application is made on the basis that there has been “a change in the circumstances” since the dismissal of the last application. More
The appellant was charged and convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and was sentenced to 20 months imprisonment of which 4 months imprisonment was suspended for 5 years on condition accused does not during that period commit any offence involving dishonesty of which he is sentenced to imprisonment without the option of a fine. Of the remaining 16 months imprisonment, 8 months imprisonment was suspended on condition of restitution. More
: The applicant in this matter applied for dismissal of respondent’s application filed in case No HC2146/12 for want of prosecution in terms of order 32 r 236(3)(b) of the High Court Rules 1971. More
This is an application for condonation for non-compliance with Rule 38 of the Supreme Court Rules, 2018 and extension of time within which to file and serve a notice of appeal. More
This case presents a complex scenario of what has become of the legal profession due to the conduct of a few “bad apples” in the basket. If left unchecked that conduct can damage the reputation of the legal profession, a profession which, among the Romans, was equated to consecrated priesthood. More
In 1996 the plaintiff and the defendant were married to each other in terms of customary law. Their marriage was not registered. It was basically an unregistered customary law union. More
This is an appeal against the whole judgement of the Labour Court handed down on the 26 January 2018. At the end of the hearing in this matter we issued an order in these terms, and indicated that full reasons thereof would follow in due course: -
“1. The appeal is allowed with costs.
2. The judgement of the court a quo is set aside and substituted with the following: -
(i) The application for review be and is hereby granted with costs.
(ii) The decision of the respondent placing the applicant on retirement is set aside.
(iii) The applicant... More
On 23 October 2019 after hearing counsel we granted the following order;
“IT IS ORDERED THAT;
The appeal in respect of both conviction and the sentence be and is hereby dismissed”
We gave our detailed reasons for dismissing the appeal ex tempore.
At the material time the appellant was represented by Mr Hlabano of Messrs Hlabano Law Chambers. More