The respondent is a registered legal practitioner, being the senior partner of Messrs Muskwe and Associates. He was admitted as a legal practitioner on 4 March 1985. The applicant filed the present application alleging that the respondent contravened s 23 (1) (d) of the Legal Practitioners Act [Chapter 27:07] as read with s 3 (7) of the Legal Practitioners (Code of Conduct) By-Laws, 2018 (Statutory Instrument 37 of 2018) and sections 70E and 70F of the Law Society of Zimbabwe By-Laws, 1982 (Statutory Instrument 314 of 1982) in that he: More
This matter was placed before me on my opposed roll of matters.
The facts are these. In 2014, the first respondent which is the Zimbabwe Board Examinations Council made a series of investments by way of fixed-deposits with the applicant bank. They were as follows:-
a) US$5000,000-00, on the 19th May 2014 maturing on the 18th June 2014 with a maturity value of US$505,416-67;
b) US$500,000-00 on the 22nd May 2014 maturing on the 23rd June 2014 with a maturity value of US$505,777-78; and
c) US$500,000-00 on the 27th May 2014 maturing on the 26th June 2014 with a maturity... More
This is an application for dismissal, for want of prosecution, of an application for review in case number HC 3299/15 (“the main matter”).
The instant application was brought in terms of Order 32 Rule 236 (3) (b). After hearing argument from both counsel on the 12th July 2018 I gave the following order;
“1. The application be and is hereby dismissed.
2. There is no order as to costs.”
On the 17th July 2018 I received, through the Registrar, a written request for the reasons for the order. These are the reasons:
The following facts are common cause. Respondent filed... More
In this appeal, the Prosecutor General pursuant to an order for leave to appeal having been granted by a judge of this court on 19 August, 2014, noted an appeal against the acquittal of the respondent by the Regional Magistrate Eastern Division on 26 April, 2012. The respondent then a 58 year old Israel National was charged on two counts of statutory contraventions. In the first count the respondent was charged with a contravention of section 3 of the of the Precious Stones Trade Act, [Chapter 21:06]. More
Applicant seeks an order in the following terms;
“1. The holding of edict meetings by 1st respondent is hereby declared illegal. The meetings held on 3rd August and 19th August 2016 and 14th November 2016 presided over by 1st respondent are hereby set aside.
2. The 1st respondent’s withdrawal of Letters of Administration issued in favour of applicant is hereby set aside.
3. The appointment of 2nd respondent as executor of the Estate Late Edward Hekaku Boohene is hereby set aside.
4. Applicant be and is hereby confirmed as the executor in the Estate Late Edward Hekaku Boohene and shall... More
This was an interpleader. I dismissed the claimant’s claim at the end of argument. The facts were these. The applicant had placed certain goods under attachment in execution of a judgment obtained by the judgment creditor against the judgment debtor which was still outstanding. The claimant claimed that all the attached goods belonged to him, not the judgment debtor. More
