The matter was placed before me as an application for condonation of late noting of appeal. Respondent took a point in limine to the effect that the application was no longer valid in view of a settlement agreement reached between the parties. The court upheld the point in limine and dismissed the application. It was indicated that the reasons for the decision would follow. More
This is an application for rescission of judgment in terms of Rule 449. The respondents raised points in limine one of which concerns the founding affidavit. That the founding affidavit is not properly commissioned and that therefore there is no affidavit before this court.
A look at the founding affidavit shows that at page 12 of the bound record of proceedings there is a paragraph 22 to the founding affidavit which is the last paragraph and the prayer as well as the applicant’s details. That page is not signed nor is it commissioned. There is, however a page 13 to... More
Defendant took a special plea and exception to intercept plaintiff`s suit for a declaratur, pleaded alternatively with contractual damages claim. The backdrop to the dispute is as follows; -plaintiff is an information technology consultant based in the Republic of South Africa. He appointed defendant, a firm of estate agents, to sell his immovable property situate in Harare and remit the sale proceeds cross-border to his base in South Africa.
[2] The property was indeed sold at a price of USD$190,000; but the funds were not transferred as per plaintiff`s instructions. Unresolved disagreements over this issue saw plaintiff issuing summons in... More
This is an appeal against the judgment of the Magistrates’ Court sitting at Chinhoyi, handed down on 3 May 2021. The judgment granted the respondent(then applicant) an interdict prohibiting the applicant (then respondent) from allocating or selling stand number 996 Kuwadzana Township, Banket, to any person as it was registered in the name of the late Enock Dandajena. More
This application was brought to me on an urgent basis. The applicant seeks the following relief:
“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. That all title deeds processed by 1st respondent through the invalid certificate of compliance be declared invalid.
2. That the 2nd respondent be and are (sic) hereby directed to cancel all title deeds processed in terms of the invalid certificate of compliance.
3. 1st and 2nd respondent shall pay costs of suit on legal practitioner clients scale. More
On 31 October 2018, in Case No. HC 6622/17, the High Court granted the main claim sought by the respondent less the agreed amount against its claim to the appellant, and dismissed the appellant’s counterclaim. In this appeal, the appellant seeks a reversal of that order and its substitution by the relief embodied in the counterclaim. More
This is an application for leave to execute a judgment of this court pending the hearing of an appeal before the Supreme Court. The application has been filed under a certificate of urgency. The application is opposed by the applicant.
Brief background.
On 21 March 2019, the Honourable MOYO J, handed down judgment under case number HB-37-19. In that matter the learned judge confirmed a provisional order granted on 14 June 2018. It was the view of the court that the notice of opposition and opposing affidavit were not properly before the court. Further the deponent to the opposing affidavit... More
The appellant was on his own plea of guilty, convicted by the magistrate sitting at Chinhoyi, of stock theft as defined in s 114(2) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. The court made a finding that there were special circumstances in the matter and sentenced the appellant to 4 years imprisonment of which 1 year imprisonment was conditionally suspended. More
This is an appeal against the decision of the Appeals Committee dated 5 March 2019. The Appellant was found guilty of breaching Section E11 Category 5 offence number 2 i.e. “any conduct or omission inconsistent with the fulfilment, the express or implied conditions of his/her employment”. He was found guilty and dismissed from employment. More
1. This is an appeal against the decision of a magistrate court refusing to release appellants on bail pending their trial on a charge of contravening section 136 of the Criminal Law [Codification and Reform] Act Chapter 9:23. It being alleged that in the company of an accomplice they designed a plan to defraud complainant by falsely advising him that there was a residential stand for sale in Matsheumhlope, Bulawayo. Acting on such misrepresentation complainant paid appellants US$10 000.00, and nothing has been recovered. More
This is an urgent application for an order staying certain unterminated criminal proceedings against the applicants. The proceedings are underway before the first respondent, a Regional Magistrate. The applicants seek to stay the proceedings pending determination of two applications that they filed with this Court for direct access. If successful in the applications for direct access, the applicants intend to file an application in terms of s 85(1) of the Constitution, allegedly for the enforcement of their fundamental rights and or freedoms. More
MAKONESE J: On the 31st of May 2020 and at around 20:30 hours the accused and the deceased were drinking home brewed beer at accused’s homestead. A misunderstanding arose between the two over who was older than the other. The argument degenerated into a fight. Deceased threw a wooden stool at the accused hitting him on the head and face. Deceased ran away. Accused sustained some bruises on the forehead and chest. The accused gave chase and caught up with the deceased. Accused assaulted the deceased several times all over the More
