: The plaintiff issued summons in which he claims for an order setting aside the cancellation of an agreement of sale between him and the first defendant and an order for specific performance for the delivery of the property, being a flat called Block 12, Room 93, Mufakose Flats. He later, by consent, amended his claim by adding an alternative claim for damages if the relief of specific performance cannot be granted to him. During the trial and as the plaintiff gave his evidence he indicated that he was abandoning the claim for specific performance. As a result the outstanding... More
On 31 August, 2010 I dismissed with costs an urgent chamber application on the ground that the matter was not urgent. The applicants have noted an appeal to the Supreme Court and have asked for the written reasons on which the dismissal was predicated. These are they. More
The applicant Milrite (Private) Limited is a company dully incorporated in terms of the laws of Zimbabwe carrying on business as a farming concern under the style of StilfonteinEstates. It is the former owner of a certain piece of farmland called Stilfontein of Umzila situate in the district of Chipinge commonly known as Stilfontein. More
The applicant is the former owner of Stilfontein of Umzila of Chipinge. Its farm was acquired by the State, but it did not vacate the farm as provided by s 3 (2) of the-Gazetted Land (Consequential Privisions) Act [Cap 20:28], hereinafter called “theAct”. It was prosecuted, convicted and sentenced for contravening s 3 (3), of the Act by a Magistrate sitting at Chipinge Magistrate’s court. The magistrate evicted the applicant from Stilfontein in terms of s 3 (5) of the Act. It vacated the farm, in spite of its having applied for and obtained from KUDYA J, an order directing... More
The background to this matter is spelt out in the judgment of MUSAKWAJ in Chiriga Estates and 2 others v Minister of Lands and Rural Resettlement & 9 Others HH 34/10 (HC 665/10), hereinafter refereed to as “the first application”. The current application shall be referred to as “the second application”. When the second application was brought before me, the first respondent raised the issue of res judicata, as a preliminary point. The plea was upheld on 19 March, with reasons to follow. It is the reasons for upholding this preliminary point that this judgment addresses. More
The plaintiff issued summons against the defendant out of this court on 17 March 2010 seeking an order confirming the cancellation of the agreement of lease between the parties. It also sought payment of arrear rentals from December 2008 to February 2010 of US$58 021-94 together with interest thereon at the prescribed rate calculated from 1 March 2010 to the date of payment in full, payment of holding over damages of US$7 100-00 per month calculated from 1 March 2010 to the date of the defendant’s ejectment together with interest from the due date to the date of payment, the... More
The applicant was arraigned before the senior regional magistrate, Eastern Division, charged with contravening s 66 (1) (b) (i) of the Criminal Law (Codification and Reform) Act [Cap 9:23], that is sodomy. The allegations were that on 6 January 2009 and at number 6334, Unit J, Seke, Chitungwiza, he unlawfully and intentionally inserted his erect penis into Nongerai Zinhuka’s anus without his consent. He was convicted despite his plea of not guilty and sentenced to ten years imprisonment of which four years imprisonment was suspended for five years on the usual conditions of good behaviour. More
