The appellant appeared before a Bindura magistrate facing a charge of contravening s 136 of the Criminal Law (Codification & Reform) Act [Cap9:23], that is fraud. The allegations are briefly that sometime in September 2008, the appellant fraudulently sold the complainant a grinding mill. That the appellant failed at the time of the sale, to disclose the fact that the grinding mill was built under a power line and on unapproved plans and that it had been condemned by Chaminuka Rural District Council. More
The appellant was convicted on his plea of guilty to contravening s 28 (2) of the Firearms Act [Cap 10:09]. He was sentenced to pay a fine of Z$2 000 or in default, four days imprisonment. He now appeals against both conviction and sentence.
The agreed facts were that on 29 September 2006 and at 2030 hours the appellant drove along Harare-Bulawayo road and upon reaching Selous Shopping Centre he parked his Isuszu KB 250 pick-up truck. He disembarked from the motor vehicle and went into the shop. Upon his return he discovered that his pistol had been stolen from... More
This matter has a long history of a dispute over the ownership of a piece of communal land, in Mayambara, Seke Communal lands. The parties to the dispute inherited the dispute from their parents. Appellant’s father and the respondent’ brother, who were the original disputants died many years ago. The matter was further confused by the lack of knowledge of the applicable law on the part of the parties and Court officials. Along the way, wrong advice was given to the parties leading to wrong decisions being given in courts More
On 24 November 2010 I issued a Provisional Order under Case No HC 8153/10 in favour of the first, second and third respondents herein. The applicant, the fourth and fifth respondents and one Wonder Killian Jakalasi were the respondents therein. The applicant intends to note an appeal against the order granted and has approached me for leave to note the appeal. The respondents filed papers wherein they opposed the grant of leave sought and I therefore directed that the parties file heads of argument for my assistance. More
The first respondent instituted proceedings in the magistrates court against the applicants for their eviction. The eviction order was granted after the court had heard the parties. The applicants noted an appeal challenging the magistrate’s decision on the merits as well as on the basis that the first respondent had no locus standi in the matter. The first respondent applied for leave to execute the eviction order pending appeal. The application was granted. More
: The plaintiff issued summons on 10 March 2008 claiming from the defendant adultery damages in the sum of ZW$400 billion, being a sum of Z$200 billion for contumelia and a sum of Z$200 billion for loss of consortium. The basis of the claim was that the defendant committed adultery with her husband Stanley Chiwandamira from 1981 to the date of summons. As a result of the adultery, the plaintiff lost the love, affection, society and companionship and services of her husband. She also suffered pain and indignity during that period at the hands of the defendant. Her husband has,... More
The applicant is a son to the late Thomas Tavagwisa Zawaira who died on 5 September 2003.
The first respondent is the executor in the estate late Thomas T. Zawaira.The second respondent is cited in his official capacity.The third respondent is a mother and guardian of a minor child George Zawaira.The fourth to ninth respondents are all adults. More
