The plaintiff’s cause of action arises from a contract farming agreement for provision of crop inputs and financial assistance to the defendants in the sum of $ 575 164.68, for the production of flue cured Virginia tobacco.The defendants were required to deliver the entire crop after harvest to the plaintiff which would in turn recover the value of inputs and monies advanced from the proceeds of the sale. If the tobacco delivered was insufficient to discharge the input debt for the season, the plaintiff was entitled to demand and recover the outstanding debt from the defendant. The plaintiff’s case is... More
The plaintiff‘s claim is for delictual damages for pain and suffering and loss of amenities. The plaintiff was arrested at his workplace on 12 November 2016 on allegations of unlawful entry into premises together with his workmates and detained at Budiriro Police Station. He claims that whilst in detention, the first defendant assaulted him resulting in him sustaining injuries. He was taken to court where he was acquitted of the charges he was facing. The plaintiff’s case is that the first defendant who is a member of the Zimbabwe Republic Police assaulted him together with other unidentified officers whilst he... More
The full facts of this matter are set out in the judgment of this court, per MUREMBA J, under case number HH 247-18 commencing at page 7 thereof.
In that matter, an application for rescission of default judgment, the Deed of Trust was not placed before the court. More
This is an urgent chamber application for an order staying the criminal proceedings which are pending in the Magistrates Court against the applicants. More
After hearing submissions made for applicant and first respondent, I dismissed the application with costs on the higher scale. I gave brief oral reasons therefor.
Second and third respondents were not opposed to the application. They filed no papers, although they were represented at the hearing. On the 10th September 2018 the record was again placed before me by the Registrar. More
This was a criminal appeal from the magistrates’ court. It was against both conviction and sentence. The appellant was convicted of theft of trust funds as defined in s 113[2][d] of the Criminal Law [Codification and Reform] Act, Cap 9:23 [“the Code”]. The amount involved was $2 500. He was sentenced to a fine of $400, or in default thereof, three months’ imprisonment. He was also sentenced to an additional twelve months imprisonment of which six months’ imprisonment was suspended for five years on the usual condition of good behaviour. The remaining six months imprisonment was suspended on condition that... More
This matter is a prime example of why litigants should seek legal advice and instruct legal practitioners to represent them in order to better articulate their claims in accordance with the relevant principles of law. As I shall show, this is a case which I find to be so hopelessly convoluted and muddied that I ought to have dispensed with it ex tempore but have been forced to write a judgment in order to ensure plaintiff understands the shortcomings of his case so that in future he either seeks expert and skilled legal advice to assist him decide whether and... More
