This is an application for rescission of default judgment brought in terms of Order 9 rule 63 of the High Court Rules 1971. The application is opposed. The relief sought is that: More
The appellant filed a notice of appeal on 01 July 2013 with the Registrar of the High court. The notice revealed intention to appeal against a magistrate’s order of granting the respondent bail. The grant of appeal as given in the notice of appeal was that the learned magistrate misdirected himself in finding that the changed circumstances advanced by the appellant did not guarantee that she would stand trial. The changed circumstances must have been considered in light of the totality of the circumstances of the case. The brief history of the matter as shown on papers filed and oral... More
In this case the respondents were convicted, in the magistrate’s court on 19 March 2012, of conspiracy to commit public violence as defined in s 188 as read with s 36 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. The Respondents were sentenced each to pay a fine of US$500, 00 or, in default of payment to undergo 10 months imprisonment. In addition they were each sentenced to 24 months imprisonment of which 12 months were suspended on conditions of good behaviour and the remaining 12 months were suspended on condition that each accused performs 420 hours of... More
The applicant is the Estate of the late Jean Moir Hedley, represented by John Moir Rosslyn Hedley in his capacity as its curator bonis. The first respondent Angwa City Investments (Pvt) Ltd purchased a flat belonging to the applicant’s estate. The applicant is challenging the legality of that sale. The second respondent Saint Sebastian Estate Agents, is the first respondent’s Estate Agent with a mandate to manage the flat in dispute. The third respondent the estate late Israel Gumunyu is cited for the involvement of the late Israel Gumunyu, in the sale of the applicant’s flat without the Master’s authority,... More
On 23 January 2012, the applicant issued summons against the respondent (first defendant in the main action) and Messrs Manase and Manase Legal Practitioners as the second defendant. The action was for:-
“(a) payment of USD 9 643-20 due and owing to the plaintiff
(b) Interest on the said amount at the prescribed rate calculated from
the 21st of September 2011 to the date of full and final payment both dates inclusive.
(c) Costs of suit”. More
In the discharge of his duties as Sheriff the applicant placed under attachment certain items of property located at 162 The Chase, Mount Pleasant, Harare. This was in pursuance of a writ of execution issued by the judgment Creditor in HC 437/13 against Harare Kawasaki after he obtained judgment against that entity on 25 March 2013 in the sum of US$82 511-50. More
the accused faced a charge of murder as defined in s 47 (1) of the Criminal Law (Codification & Reform) Act, [Cap 9:23] in that on 24 June 2012 at Marindire village, Chief Makumbe, Buhera, she, with actual intent or realizing the real risk that death may result, forced Patience and Panashe Marindire to drink diametheate, the poisonous chemical, from which the two children died. She pleaded not guilty. Most of the facts constituting the basis of the allegations of this double murder are either common cause or not in serious dispute. I will send them out. More
