On 8 October 2020 we heard this appeal and dismissed it with costs. We have been asked for the written reasons and these are they.
This was an appeal against the dismissal of an application for rescission of a default judgment by the Magistrates Court. Two grounds of appeal were raised in the notice of appeal. However, at the hearing of the matter, Mr Dondo for the appellants made a concession that the first ground was not one of the reasons the court a quo dismissed the application for rescission of judgment. He consequently abandoned it. The second ground of... More
The applicant was a mining syndicate. It was involved in gold mining and prospecting. In this application it sought several remedies against the first respondent in her official capacity. These were in respect of a certain gold mining block, Coronation 5, somewhere in Masvingo Province. The first respondent was the provincial mining director. More
The applicant has lodged this review application seeking the following order:
“1. The proceedings under Case No. 270/19 at Zvishavane Magistrates Court be and are hereby quashed.
2. The matter be and is hereby referred back to Zvishavane Magistrates Court for a trial de novo before another Magistrate.
3. The first and second respondents to pay costs of suit at an attorney client scale” More
This is an urgent chamber application for a spoliation order. The applicant and the first respondent are engaged in a nasty fight over the possession and occupation of subdivision 1 of Charmaine of Dryton situate in the district of Seke in Mashonaland East Province. The second to fifth respondents are community dwellers and leaders in the surrounding areas sympathetic to the first respondent’s cause. More
The applicant seeks an order in the following terms:
“IT IS ORDERED THAT:
1. Applicant be and is hereby declared to be lawfully authorised to be in occupation of subdivision 1 of Charmaine of Dryton in Seke District of Mashonaland East Province in terms of the Offer Letter issued by the 4th Respondent in his favour dated 3 January 2005.
2. 1st, 2nd and 3rd Respondents be and are hereby ordered to forthwith give vacant occupation of subdivision 1 of Charmaine of Dryton in Seke District of MashonalandEast Province to the Applicant.
3. The Deputy Sheriff and/or his lawful assistants... More
The application before me is of great moment. It relates to current events on challenges to judicial appointments to superior courts of Zimbabwe. It is common cause that there has been and there are currently on going litigations in other pending cases on the issue of the said appointments. This application is therefore of public interest. It is specifically concerned with the appointment of judges of the Supreme Court and Constitutional Court in Zimbabwe. More
This is an appeal from the judgment from the Magistrates Court convicting the appellant of culpable homicide as defined in S 49(a) of the Criminal Law ( Codification and Reform) Act [Chapter 9:23]. The sentence imposed was 5 years imprisonment of which I year was suspended on the usual condition of good behaviour. The appellant was also prohibited from driving for 5 years and his drivers licence cancelled. The sentence has also been challenged on appeal. More
At the onset of oral argument in this Court, respondent raised three (3) points in limine which appellant opposed. The points shall be dealt with ad seriatim. More
This is an appeal against the decision of the appeals committee of the Zimbabwe Platinum Mines. The appellant raised six grounds of appeal. Four of them fell by the wayside on preliminary points. A fifth was abandoned. Only one ground was left for considerations. More
This is an appeal against the decision of the appeals committee. The appellant was brought before the company disciplinary committee facing five charges. He was found guilty and a penalty of dismissal was imposed. He appealed to the appeals committee. The committee upheld the decision of the disciplinary committee. More
On 15 November 2022, I delivered an order to the effect that:
“1. The application for review be and is hereby granted.
2. The determination by the 1st Respondent, which was delivered on the 19th July 2022 be and is hereby set aside.
3. The proceedings that led to the determination in clause 2 above be and are hereby quashed in their entirety and that the matter is remitted back for rehearing by a different administrative authority appointed by the 3rd respondent or his assigned delegates.
4. There shall be no order as to costs.” More
This is an appeal against sentence. The appellant was charged with possession of 1.2kg of dagga as defined in s 157 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He was convicted on his own plea of guilty by the magistrate sitting at Harare. He was duly convicted and the conviction is hereby confirmed. More
The plaintiff issued summons against the defendants on a suit involving One million United States dollars which amount was advanced to the first defendant to fund her business. Wherefore plaintiff’ claim against all defendants jointly and severally, the one paying the other to be absolved is for
1. Payment of the sum of US$ 1 000 000.00
2. Interest thereof at the rate of 18% per annum from December 2011 to the date of full and final payment
3. An order declaring specifically executable the remaining extent of stand 7489 Salisbury Township, measuring 583 square meters held by Glowrm Investments... More
