This is an opposed application in terms of which first applicant made an application for the sequestration of respondent’s estate and for the appointment of a Provisional Trustee in terms of s 12 of the Insolvency Act [Chapter 6:04]. More
The respondent was served with the applicant’s heads of argument on 23 May 2011. In terms of r 238 (2a) of the High Court Rules, as the respondent is represented by a legal practitioner, the said legal practitioner was required to file heads of argument not more than ten days after receiving the applicant’s heads of argument. More
The plaintiff in this matter claims the sum of US$24,100 as special damages, being loss of profits arising from an alleged breach of contract by the defendants. It also claims restitution of US$10,000 paid as a deposit to the 1st defendant under the same contract. The defendants deny any breach on their part and allege that it was in fact the plaintiff that acted in breach of contract. More
Plaintiff’s claim against the defendant is for refund of $22 400 being the deposit it paid for work which defendant was contracted and failed to perform, interest and costs. More
This an application for the confirmation of a provisional order, granted on 23 February 2011, for the winding up of the 1st and 2nd respondents (the respondents). The latter companies were the tenants of the applicant and jointly operate a tobacco auction floor under the trade name of Zimbabwe Industry Tobacco Auction Centre (ZITAC) together with their sub-tenants. More
The applicant approached this court on a certificate of urgency for a stay of execution in terms of r 60(6) of the High Court Rules, 2021. The relief sought reads as follows:
“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. Application for stay of execution pending determination of the Application for Rescission of default judgment be and is hereby granted.
2. 1st Respondent to pay costs of suit.
INTERIM RELIEF GRANTED
Pending determination of this matter on the return day, the Applicant... More
This is an application wherein the applicant sought the following relief:
1. That respondent be ordered to sign all the necessary papers for the sale and transfer of stand number 598 Scone Drive, Killarney, Bulawayo, which sale and transfer shall be to the highest offeree or above US$140,000-00 as may be secured by the first of the following state agents; John Pocock and Co. (Pvt) Ltd, Ken Estates agents: Rodor Properties (Pvt) Ltd and Bulawayo Real Estates agents, failing which the Deputy Sheriff be authorized to sign the said papers.
That the respondent pays the cost of this application on... More
The petitioner was the ZANU (PF) Parliamentary candidate for the Zaka North House of Assembly Constituency in the harmonized general elections held on 29 March 2008. The first respondent was the MDC-Tsvangirai candidate in the aforesaid elections. He resides at number 7453 Tsvoritsvoto Street Chesvingo, Masvingo. The second respondent is a constitutional body responsible for the running of the elections. More
The events leading to his arrest as captured in the papers filed of record are the following. Part of applicant’s responsibilities as a security guard in the employ of the complainant company include among others driving a “cash in transit van”. On the fateful day, the 25th of November 2021, he was the driver of one such vehicle namely an Isuzu van en route from Bulawayo to Harare. His co-crew consisted of three other fellow employees namely Thomas Chisambadzi, Langelilile Moyo and Emmanuel Nhamo. Their mission being to safely deliver the aforementioned sum of money to Harare. For reasons that... More
Introduction
1. This is an application for rescission of judgement. The order sought to be rescinded was granted by consentin case number HC 1981/18 on the 23rd August 2018. In this application applicant seeks an order couched as follows:
i. The application for rescission of an order by consent be and is hereby granted.
ii. The divorce order by consent granted on the 23rd August 2018, under case number HC 1981/18 be and is hereby rescinded in as far as the property sharing is concerned.
iii. The respondent be and is hereby ordered to pay costs on a legal practitioner... More
DUBE-BANDA J:This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. The allegations from which the charge of murder arises are set out in the Police Form 242, a Request for Remand Form, which states that: on the 16 January 2021, applicant in the company of three accomplices, who are at large, assaulted one Remember Moyo (deceased), with a metal object resulting in him collapsing. He was further assaulted with axes and a metal object. Nomalanga Sibanda (companion),... More
The applicant and his co-accused who is not part of this application were indicted before this court on a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) act [Chapter 9:23]. It being alleged that on 16 January 2021 they struck the now deceased on the head with a metal bar intending to kill him or realizing that there was a real risk or possibility that their conduct may cause his death continued to engage in that conduct despite the risk or possibility. More
The right to personal liberty is enshrined under section 49 (1) of the Constitution of Zimbabwe (Amend No. 20) 2013, which provides as follows:
“(1) Every person has the right to his personal liberty which includes the right –
(a) not to be detained without trial;
(b) not to be deprived of their liberty arbitrarily or without just cause.” More
On the 14th January 2019 the country was rocked by demonstrations in most of the major cities in Zimbabwe. The demonstrations were characterized by looting of shops, destruction of property and widespread acts of hooliganism at a scale never seen before. For a period of four days roads into the major cities were barricaded and motorists were forced to abandon their normal routes. Scores of workers stayed in doors in their homes in a campaign dubbed “Shutdown Zimbabwe”. The applicants are all residents of the City of Gweru. The applicants are facing allegations of contravening section 36 (1) (a) of... More
The applicants have approached the Court in terms of s 85(1)(a) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), which provides that any person who alleges that any of the fundamental rights and freedoms enshrined in Chapter IV has been, is being or is likely to be infringed may approach a Court, seeking appropriate relief, which a court has a discretion to grant. More
