The plaintiff instituted a claim against the defendant claiming the return of USD $40 000-00 and interest thereof purportedly seized from the plaintiff unlawfully by the defendant in 2011. Appearance to defend was entered on behalf of the defendant by Zimbabwe Revenue Authority Legal & Corporate Services. More
Although this matter was filed on the back of a certificate of urgency, its hearing got delayed on account of the need for a clinical psychologist’s report. There was also a directive that the court be furnished with an additional report from a social worker but this never materialised. Other administrative interventions also militated against an early resumption of hearing. Ultimately, at the hearing of the matter the legal practitioners involved had not engaged in any research, a task that then fell on the Judge. More
This application was initially set down for 18 June, 2018. It was postponed to 2 July, 2018 at the instance of the applicant. I heard the application on the mentioned date. I delivered an ex tempore judgment in which I dismissed the same with costs. More
This is an appeal against the Judgement of the High Court in interpleader proceedings arising from the attachment of mining equipment carried out by the first respondent (the Sheriff) at Mbada Mine. The second respondent (the judgement creditor) had obtained judgement against Mbada Mine and the Sheriff, having attached certain movables at Mbada Mine, had advertised them for sale. The property attached comprises mining equipment, vehicles and office furniture. The claimants in the court a quo had filed separate interpleader applications which were consolidated and heard together, as the facts, the legal issues and the judgement creditor were the same. More
This is an application for rescission of default judgment granted against applicant on 19th of July 2017 in terms of r 63 of this Honourable Court’s Rules 1971 on the basis that the notice of set down for trial was served on applicant’s erstwhile legal practitioners, Mutumbwa Mugabe Legal Practitioners, who went on to renounce agency and never notified applicant of the set down date. More
The appellant is the director and alter ego of Tsapo Plumbing and Construction (Pvt) Ltd. He was charged with the crime of fraud (six counts). After a trial, he was convicted and sentenced to a total of 48 months imprisonment which was suspended on condition of good behaviour restitution and community service.
Dissatisfied, the appellant appealed to this court against both conviction and sentence. The appellant identified the grounds of appeal as falling into two broad categories. In the first category the issue is whether the court a quo erred in finding that the essential elements for the crime of... More
The respondent (Luxford Mutopo) is a nephew to the applicant of Ndiya Village Musosomwa Ward 15. Ndiya Village was established and registered in 1936. The Respondent argues that the first village head was his great grandfather, Ndiya, after his death in 1942, Karasa took over who was his younger brother. After the death of Karasa in 1947 Samson Chimhuto followed. After the death of Chimhuto John Kativhu became village head, When Kativhu, died his young brother Michael Nyahunzvi became village head, then after his death in 2017 the respondent came into office. More
