The plaintiff issued summons against the defendants seeking an order declaring him the sole holder of the rights, title and interest in a certain piece of land situate in the district of Salisbury called Stand 757 Kambuzuma Township measuring 255 square metres held under Deed of Transfer No 1251/2012 also known as Stand No 757 Section 3 Kambuzuma, Harare. He also seeks an order that second defendant be ordered to, within three days of service of the order of court upon him, rectify the said Deed of Transfer No. 1251/2012 by deleting the first defendant’s name as registered co-owner of... More
The applicant appeared before the Magistrate Court on a charge of performing indecent acts with a young person as defined in s 70 (1) (a) (i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. After a contested trial the applicant was convicted and sentenced to 24 months imprisonment, 6 months of which were suspended for 3 years on the usual conditions of good behaviour. The conviction and sentence was on 19 February 2018. He lodged his appeal with this court on 26 February 2018. More
This was an application for rescission of a default judgment in terms of rule 449 (1) (a) of the High Court Rules, 1971. On 7 September 2018 I heard the matter and delivered an ex tempore judgment. I have now been asked for the written reasons and these are they.
The facts of the matter were as follows. The respondent filed an urgent chamber application under HC 4239/17on 12 May 2017. On the very day the respondent served the application on the applicants who then engaged their lawyers. Upon getting instructions the applicants’ lawyers wrote to the respondent’s lawyers on... More
This is an appeal against the judgment of the High Court of Zimbabwe ordering the return of all the goods belonging to the first and second respondent attached pursuant to a default judgment granted earlier by the same court against the second respondent. The judgment appealed against also ordered that the returned goods remain under judicial attachment until the finalisation of the proceedings between the parties. More
This was an urgent chamber application for a stay of execution. I never got to determine it on the merits. That makes the facts of the dispute largely irrelevant. This judgment is primarily to explain the trajectory of the matter after it was filed. More
Having held a pre-trial conference, I concluded the matter in favour of the plaintiffs by granting them the order prayed for which was in the following terms as per summons: More
The respondent sued the appellant in the Magistrates Court sitting at Gweru for payment of arrear rentals in the sum of US$5 081.89, interest and costs of suit. More
