The two applicants (Dean Benjamin and Muzaffar Khan) are seeking an order particularized on the draft along the following format:
“IT IS ORDERED THAT:
1. The 2nd and 3rd Respondents are hereby ordered to restore possession of the Volvo A 30 D Dump Truck to the Applicants within 48 hours of being served with this order.
2. Failing compliance with the order in (1) above, the 1st Respondent is hereby ordered to enforce the order in (1) above and restore possession of the Volvo A 30 D Dump Truck to the Applicants, forthwith.
3. The Respondents jointly and severally one... More
On 16 May 2019 the appellant noted an appeal against the whole judgment of the Magistrate’s Court handed down on 23 April 2019 at Mutare laying out the grounds of appeal as well as relief sought as follows:
“A. GROUNDS OF APPEAL
1. The Learned Magistrate erred at law by making a finding based on the papers that the appellant was in defiance of a court order without holding a proper enquiry.
2. The Learned Magistrate thus erred by refusing to hear the appellant on the merits.
3. The Learned Magistrate also erred at law by ordering the incarceration of... More
This is an application for leave to appeal against a decision of the High Court in terms of r 30 (c) of the Supreme Court Rules, 1964. After hearing counsel and reading the papers filed of record, I ordered that the application be struck off the roll and indicated that the reasons would follow. More
The applicant was convicted of murder as defined in s 47 (1) (a) of (b) of the Criminal Code on 20 September 2019 and sentenced to 18 years imprisonment.
He has now filed an application for leave to appeal in terms of r 262 of the High Court Rules, 1971. In his papers the applicant states that “he has good grounds of appeal which are supported by the record of proceedings” he goes on to mention under “Grounds for leave” that he was sentenced for a crime he did not commit, that he was wrongly convicted, and also added that... More
After perusing documents filed of record and hearing counsel, the unanimous decision of the Constitutional Court (“the Court”) was that the matter be dismissed with costs. The Court indicated that reasons for the decision would be given in due course. More
The applicant has been charged with contravening section 113 (1) of the Criminal law (Codification and Reform) Act (Chapter 9:23), theft of motor vehicle. The applicant denies the charges. He has filed an application for bail pending trial and avers that he is a “perfect” candidate for bail. The motor vehicle which is the subject of the charge was stolen and driven away from Nobert Hungwe’s residence at number 560 Medium Density Area, Plumtree on 6th October 2018. The motor vehicle, a Honda Fit, was recovered in Harare’s Epworth area in the custody of a panel beater one Nhamo Chifombe.... More
When this court application was filed it was erroneously filed as “case number HCA 43/09” meaning that it was an appeal case in the Appellate Division of the High Court. That was an error.
The correct position was that the applicant was seeking condonation for the late filing of his review application.
When the applicant appeared in court with his legal practitioner Miss N. Ndlovu on 14 October 2014 he withdrew the matter and tendered wasted costs. He was however ordered to pay costs on an attorney and client scale due to the manner he handled his case. More
