The applicant is a police officer stationed at ZRP Bulawayo Central Police Station but is currently in remand prison on allegations of kidnapping as defined in section 93 (1) of the Criminal Codification and Reform Act [Cap 9:23]. The applicant was denied bail by OMERJEE J on 19 May 2010. He now applies for bail on the basis of changed circumstances. More
First Applicant and the respondents are engaged in a bitter battle for the control of second respondent. As often happens in such issues, the disputes unfortunately spill into our courts. Parties have been engaged in litigation of all sorts since 2005. More
This is an appeal against conviction in which I find myself in the same situation HAWTHORN ACJ was in R v Freddy 1963 (2) SA 128 (SR) at 128-129 and R v Oscar 1963 (2) SA 134 (SR). The appeal came before my brother UCHENA J and my sister CHATUKUTA J on 27 October 2009. Their opinions differed on the matter and in accordance with the provisions of s 4(2) of the High Court Act [Cap 5:07], judgment was suspended until a third judge was present. I was the third judge. Unlike in the Freddy case, supra, I did not... More
The applicants were arraigned before the magistrates’ court facing one count of contravening section 134 of the Criminal Law Codification and Reform Act [chapter 9.23], extortion. It was alleged that on 6 February 2009, they unlawfully obtained a vehicle from the complainant by threatening that he would be detained in police cells if the applicants were not paid the sum of $4 000-00. Both applicants denied the charge but were convicted after trial. They were each sentenced to five years imprisonment with one year suspended for five years on condition of future good behaviour. Dissatisfied with both the conviction and... More
In this application the applicant prays for the following order:-
“IT IS ORDERED against both respondents jointly and severally the one paying and the other to be absolved:
1. That respondents forthwith deliver to applicant 913 253 shares in OK Zimbabwe Limited 370 356 in Pelhams Limited and 46 025 in Old Mutual PLC;
2. Costs of the Court Application”. More
These matters were referred to me in chambers and as the parties were the same and the issues from the matters identical I decided to hear them together. More
The first and third respondents are business partners. Some time ago, the date has not been specified, the two agreed to enter into a joint venture involving gold mining in the country. The first respondent a foreign national then joined forces with the third respondent and others culminating in the formation of the second respondent and its subsequent incorporation as a limited liability company. There is some dispute as to whether or not the third respondent is a director in the second respondent, but in my view that dispute is not pertinent for the resolution of this application. At any... More
