Applicant seeks an order directing the respondents to return to him a Toyota Cressida motor vehicle registration number ANN 1574 within 48 hours of the service of the order. Applicant engaged the first respondent, car dealership to find a buyer for the motor vehicle in issue second respondent is its director. He would leave the vehicle displayed for sale at the first respondent’s premises and take it away on weekends. Around 20 November 2006 he gave the second respondent the asking price of $5 million for the motor vehicle. He was advised that a buyer had been found for that... More
The issue that falls for determination in this matter is relatively easy to formulate. The matter however took a long and rather tortuous road from the issuance of summons to presentation of argument before me by counsel as a stated case. More
In or about 2000, the applicant and 32 others whose names she lists in an annexure to her affidavit occupied a farm in Nyabira. The exact name and description of the farm they occupy is in dispute as I shall show later. They have been in occupation ever since. Also in occupation of the land was one Chris Murove, against whom this court granted an order of ejectment at the instance of Landscapes Estates (Pvt) Ltd and Inveragus (Pvt) Ltd in case no HC 4281/03. More
: The appellants and Linceman Usaihwevhu were jointly charged with one count of bribery. They pleaded not guilty. Linceman was acquitted at the end of the state case. The appellants were put on their defence and were subsequently convicted and each sentenced to 12 months imprisonment of which 2 months were suspended on conditions of good behaviour. The $1500.00 they had offered to the Police officer was forfeited to the state. More
The appellant was charged with and convicted on one count of stock theft. He had pleaded not guilty to the charge. The brief facts of the case are that the appellant is alleged to have connived with five others to steal the complainant’s two oxen from farm Number 195 Rowa West Zimunya, Mutare. He is alleged to have hired Antony Chinyamutangira to transport two slaughtered oxen from the Zimunya area, to his house. He is alleged to have taken Wedzerai Masunda, Charles Masvosva, Alfred Sando Louis and Paul Feausi to Antony Chinyamutangira’s house in Chikanga. Antony Chinyamutangira and the four... More
The applicant is a company which is duly registered as such in accordance with the laws of this country. It is indisputably a mass media provider. The applicant was the publisher of two newspapers, The Daily News, which was a daily newspaper and The Daily News on Sunday. It is not registered in terms of the Access of Information and Protection of Privacy Act [Chapter 10:23] (AIPPA) as a mass media provider and is thus not publishing the newspapers concerned. It has launched these proceedings for an order that it be deemed to be registered in terms of the Act.... More
On 12 December 2005, the respondent issued summons out of the magistrates’ court at Harare claiming division of certain property and costs of suit. In the claim the respondent alleged that she was in an unregistered customary union with the appellant which has since dissolved. She further alleged that during the subsistence of the union, she and the appellant jointly acquired certain movable property which she listed in an annexure to the summons. She averred that it would be just and equitable for the property so listed to be distributed as between the parties. More
