The appellant entered into a 20 year lease agreement with the 1st respondent. The lease agreement was for appellant to lease a commercial property known as Marbles Bar and Butchery otherwise known as stand number 13586 Glasglow Road Industrial Sites Chinhoyi “the property”.
According to the appellant on the 3rd of December 2022 the 1st respondent broke the entrance locks and changed the keys to all the doors on the property thereby despoiling the appellant. The 1st respondent did not have any lawful authority to act as he did. The founding affidavit then canvassed a number of issues that were... More
The court is seized with two applications. In HC 6250/12 application is made for rescission of judgment in terms of Order 9 r 63 of the High Court Rules 1971. The relief sought is as follows: More
The applicant appeared before the magistrate at Harare on 8 February, 2021 on initial remand on allegations of having committed the offence of robbery committed in aggravating circumstances as defined in s 126 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The applicant was charged together with a co-accused, one Gift Moffat. The brief details of the charge were that on 2 February, 2021 at around 19:00 hours the applicant and his co- accused and three other accomplices still at large proceeded into the Harare City Centre in a vehicle owned and driven by an outstanding accused Arnold... More
This application has more questions than it has answers to them. At its centre are two farms [“the farms”]. These are Doondo and Sholliver. Doondo is registered under deed of transfer number 1176/95. It is 1301, 9074 hectares in extent. Sholliver is registered under deed of transfer number 3802/93. It is 1294, 8868 hectares in extent. Both farms are situated in the District of Lomagundi which is in Mashonaland West Province. More
The applicant who is a registered owner of the piece of land as described above, some time in 2022 applied to a provincial town planning Mashonaland West for a sub-division permit which application is attached as Annexure B to this paper. In response he was advised that the land had been acquired by the Respondent as per government gazette attached as Annexure E. A perusal of the second Government Gazette attached as Annexure D shows that the property was acquired for agricultural purposes on the 6th of April 2012 in accordance with section 16B of the amended Zimbabwe 1980 Constitution.... More
The applicants approached this court seeking a declaratory order to the effect that the cancellation of agreement of sale set in motion by the first respondent be declared to be of no force or effect. Alternatively, the applicants prayed for the confirmation of the cancellation of the agreement of sale coupled with the prayer for reimbursement of the total instalments paid as part of the purchase price. More precisely the applicants prayed for the relief expressed in the following way: More
The applicant is a holder of a lease agreement with the fourth respondent in respect of Stand number 5098 Saturday Retreat, Harare (the property). The applicant has been paying rentals to the fourth respondent in terms of that agreement. The applicant claims that the first and second respondents, who are members of the third respondent invaded the property and built structures thereon. This was done without the permission of the applicant and the fourth respondent. The applicant has instituted eviction proceedings against the respondents which proceedings have been defended. The applicant believes that the respondents have no bonafide defence to... More
On 1 August 2018 this court dismissed an application for absolution made by the defendant. The defendant appealed to the Supreme Court against this court’s decision under case number SC 421/19. The Supreme Court made the following order-
“IT IS ORDERED BY CONSENT THAT:
1. The appeal is allowed with costs
2. The decision of the court a quo is set aside
3. The matter is remitted to the court a quo for determination of all the issues that were placed before it” More
The applicant is the Messenger of the Magistrate Court at Karoi who approached the taxing officer requesting taxation of storage costs in respect of copper which was attached ad fundandum jurisdictionem under Case Number HC 10736/14. Pursuant to the order founding jurisdiction, respondent herein instituted proceedings for delictual damages under case number HC 805/15. The litigation was protracted. The parties eventually resolved their dispute and entered into a deed of settlement on 31` July 2023. The said deed was amended by an addendum dated 10 December 2023. The copper which was attached to found jurisdiction belonged to Tenke Fungurume Mining... More
The delay in the delivery of this judgment is regretted. It was due to the parties’ failure and delay in responding to issues raised. Consequently the judgment had to be written without a response from one of the parties on the issue of appealing on a conviction that is not on record. More
This is an appeal against the judgment of the Magistrate sitting at Harare Magistrates Court.
The parties entered into what is termed a BOT agreement, which is a Build, Operate and Transfer agreement. Essentially the agreement is encapsulated in a document at p 46 of the record. More
The applicant brought this application for a declaratory order purportedly in terms of sections 13 and 14 of the High Court Act [Chapter 7: 06] alternatively in terms of section 4 of the Administrative Justice Act [Chapter 10: 28]. More
: The applicant seeks confirmation of the provisional order granted by KARWI J on 18 July 2011. The terms of the final order sought and the interim relief granted were set out thus: More
1. This is an application to set aside a sale in execution. The applicant seeks an order couched in the following terms:
i. That the sale in execution of iron ore fines stockpile at Mukwakwe Plan site 338, Mberengwa in Midlands Province done by the 1st respondent in execution of court order under case number HC 12423/15 be and is hereby set aside. More
