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Court Judgements



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Cities, towns and such town - like settlements are established in terms of, and owe their existence to, legislation. Legislation which gives birth to them is, by and large, supported by other legislation. The supporting legislation enables them to operate as well as discharge their functions efficiently and effectively. More

On 6 June 2017 after hearing counsel and considering the documents filed of record we dismissed the appeal with costs. We gave an ex tempore judgment. Our written reasons are captioned herein. The court a quo issued the following order that: ‘1. The respondent be and is hereby barred from interfering with the day to day operations of the applicants. 2. The respondent is interdicted from stopping the applicant’s members from paying their subscriptions. 3. The respondent is interdicted from preventing the applicants from constructing and developing stand No. 2015 Siyaso, Magaba, Mbare in terms of the Memorandum of Understanding.... More

On 13 March 2017, I dismissed an application for reinstatement of a court application for joinder which was dismissed under case HC 9454/16. The reasons for my disposition are availed herein. More

The appellant in this case was charged and convicted of assault as defined in section 89 (1) (a) of the Criminal Law Codification and Reform) Act [Chapter 9:23]. Upon his conviction he was sentenced to 12 months imprisonment of which 4 months imprisonment were suspended for 5 years on the usual condition of future good conduct. More

There has been an ordinate delay in the preparation and handing down of judgment which l reserved on 4 December, 2015. The delay was occasioned by my re-assignment to the Criminal Division. The delay is regretted. More

The appellant was convicted and sentenced after a contested trial of rape as defined in s 65 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 15 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The appellant subsequently noted an appeal against both conviction and sentence. The appellant applied for bail pending appeal before the trial court and the application was dismissed hence the present appeal against refusal of bail. More

This is an application for summary judgment in terms of rule 64 which reads: “(1) Where the defendant has entered appearance to a summons, the plaintiff may, at any time before a pre-trial conference is held, make a court application in terms of this rule for the court to enter summary judgment for what is claimed in the summons and costs. More