This is an appeal against the whole judgment of the High Court sitting at Bulawayo handed down on 22 June 2017. The facts giving rise to the appeal are hotly contested. I proceed to give a brief summary of the facts of the case as gleaned from the pleadings, the record of proceedings and the judgment of the court a quo. More
This is an application for absolution from the instance at the close of the plaintiff’s case.
The factual background to this case is that on 12th September 2017, the plaintiff caused summons to be issued out of this court against the defendant. In his claim, plaintiff sought payment of the sum of US$150 000 being damages for malicious prosecution arising from plaintiff’s prosecution in the Magistrates’ Court. Plaintiff claims that the prosecution was at defendant’s instigation and that there was no reasonable or probable cause for his prosecution, which was activated by malice. The plaintiff was acquitted on the criminal... More
On 20 December 2018, the appellant appeared before the Provincial Magistrate Mutare facing Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on 1 August 2018 and at Zimunya Business Centre, Mutare, the appellant and other unknown accomplices all and each one or more of them unlawfully pulled Ronald Mhlanga to the ground, hit him with a metal object on the neck forcibly grabbed his neck in order to steal Ronald Mhlanga’s black shoes, solar light, sun hat and $13.50. He pleaded not guilty but was convicted after a... More
This is a purported referral to this Court in terms of s 175 (4) of the Constitution of Zimbabwe. The matter was argued before this Court on June 4, 2014. Judgment having been reserved, it is a matter of regret that unforeseen circumstances resulted in the delay in rendering this judgment. More
Some rules of this Honourable Court were not strictly complied with by the applicant in this application. The applicant is currently residing in the United States of America. Through a General Power of Attorney dated the 12th of June 2017 the applicant appointed and authorized the deponent to the founding affidavit to file this application on her behalf. The deponent to the founding affidavit Savie Munoriarwa filed this application on behalf of the applicant as a self- actor. That explained why some rules of this court were not strictly followed but be that as it may the application was substantially... More
This is an appeal against the judgement of the High Court dismissing an application for the rescission of a default judgment granted in favour of the first respondent against the second respondent in Case No. HC 9554/16. The application was brought in terms of r 449(1)(a) of the High Court Rules 1971. The applicant in that matter sought the rescission of the default judgement as well as his joinder in the main proceedings. More
