The appellant was convicted after a trial of contravening section 113 (2) (d) of the Criminal Law Codification and Reform Act [Chapter 9:23) and sentenced to 12 months imprisonment of which 6 months were suspended on condition of good behavior. The remaining 6 months were suspended on condition appellant paid restitution to the complainant in the sum of US$1 400 on or before 30 June 2017. More
This is an application for bail pending trial. Applicant is being charged with the crime of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23].It being alleged that on the 25th November 2021, using fire arms applicant and some accomplices robbed a cash in transit Fawcet Security vehicle travelling from Bulawayo to Harare. It is contended that US$305 290.00, three cell phones with buddie and net one lines, CZ pistol HO8 with a magazine of six rounds valued at USD$450 00 were stolen during the robbery. More
This is an application for summary judgment in terms of order 10 r 64 of the High Court Rules 1971. It is based on the followingfacts, “On 20 March 2013, the applicant caused summons to be issued for an order compelling the first respondent to pay the applicant the sum of US$162 870-24 and interest thereof at the rate of 13% per month capitalised on a monthly basis reckoned from the 20th day of March 2012 to the date and month of full payment. More
This is an appeal against the respondent’s appeals officers’ decision to find the appellant guilty and to dismiss him.The appellant was employed by the respondent as a driver. He was a member of the workers’ committee. He was charged with acts of misconduct it being alleged that he had contravened section 15.9.1. failure to fulfill the expressed or implied conditions of the contract of employment or any breach of the employment contract. More
The applicant approached this Court in terms of s 85(1)(a) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), alleging that the respondents infringed the following of her fundamental rights – the right to dignity; the right not to be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment; and the right not to have a health condition disclosed. The allegation was that these rights, which are enshrined in the Constitution, were violated when the first respondent subjected the applicant to disciplinary proceedings for alleged misconduct arising from her alleged failure... More
This chamber application for dismissal of a matter for want of prosecution was heard on 29 February 2024. The matter that the applicants wanted dismissed was an application for rescission of a default judgment filed by the first respondent herein under HC 679/23. More
This is an application for condonation of late filing of an appeal against the judgment of the respondent’s appeal hearing authority on 28 January 2014. More
The applicant issued summons against the respondent for payment of $29 400 being arrear rentals in terms of a lease agreement between the parties, eviction of the respondent and all those claiming through him, from no 3 Bodle Avenue, Eastlea, Harare, holding over damages at the rate of $1 200 per month with effect 1 May 2017 to date of vacation, prescribed interest thereon and costs of suit on a legal practitioner and client scale. Respondent entered appearance to defend on 16 May 2017, whereupon the applicant applied for summary judgment on 17 May 2017. More
On 29 October 2008 the applicant and the first respondent entered into a written agreement in terms of which the applicant advanced to the first respondent the sum of one hundred thousand United States dollars (the equivalent then of two hundred Old Mutual Ordinary Shares, listed on the Stock Exchange). As a return on this investment, it was agreed that the applicant would be entitled to thirty percent of the capital sum invested “each and every month” regardless of the performance of the investment. The thirty percent return was to accrue without deduction each and every month the capital sum... More
This is an application for a default judgment. My brother judge, BHUNU J, and I raised a query. We felt the claim did not disclose a cause of action. The Plaintiff is in effect claiming specific performance yet, by his own admission, he was in breach of his side of the contract. More
The appellant appeared before a magistrate sitting at Bulawayo on the 18th of November 2018 facing two counts of contravening section 89 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), that is assault. Appellant pleaded not guilty to both counts but following a full trial he was convicted and sentenced to 48 months imprisonment of which 12 months was suspended for 5 years on the usual conditions of good behaviour.
Dissatisfied with the outcome of the proceedings in the court a quo, appellant lodged an appeal against both conviction and sentence.
In his grounds of appeal,... More
An exception and a special plea fall under the genus “Alternatives to pleading to the merits; forms”. Whilst the stated matter is the case, the two are not the same. They are markedly different from each other.
Herbestein & Van Winsen articulate the difference which exists between a special plea and an exception. They do so in The Civil Practice of the Supreme Courts of South Africa, 5th ed Volume 1 pp 599-600. More
