I reluctantly acceded to the request to provide written reasons for the order I had granted in this matter on 1 August 2018 after hearing arguments from Counsel. The reason for these was two fold. Firstly, I had given detailed ex tempore reasons for the order granted and indicated that if full written reasons were required such a request should be made timeously. The request was only made some three months later on 17 November 2018. Secondly, the request was being made by the respondents in whose favour I had made the order. It was not apparent to me why... More
The plaintiff is a company duly registered in terms of the Companies Act Chapter 24:03 and carrying on business at 3rd Floor Mership House, J.M. Nkomo Street/9th Avenue, Bulawayo. The defendant is a body corporate with perpetual succession capable of suing and of being sued in its corporate name, performing all acts that a body corporate may by law perform. More
After hearing submissions from counsel, this Court made the following order:-
“(1) The appeal against conviction and sentence succeeds.
(2) The conviction and sentence are both set aside.
(3) The appellant is to be released from custody with immediate effect.
(4) For the avoidance of doubt, the decision whether or not to prosecute the appellant afresh is left to the discretion of the National Prosecuting Authority.
(5) The reasons for this order are to follow in due course.” More
The applicant is a South African national ordinarily resident in the Republic of South Africa. He is facing charges of theft as defined in section 113 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The allegations are that on the 25th of June 2019 he stole a truck, an Iveco Tracker, registration number HXP 425 MP from a parking bay in South Africa, by means of forged and fraudulent documents. On the following day, a report was made to the police. A tracking device on the vehicle was activated and indicated that the vehicle was crossing into... More
This is a dispute involving the sale of mining claims. Plaintiff believed that he was entering into a very good deal with the 1st defendant being represented by the 2nd defendant. In actual fact, it turned out to be a very bad deal for him. The drama unfolded on 15 January 2007 when plaintiff and 1st defendant entered into a written agreement of sale in respect of four (4) gold mining claims being Gazemba 105 to 108, Copper Queen under Gweru Mining District.
The material terms of the agreement were as follows:
1. That the seller (plaintiff herein) sold to... More
This is an appeal against the whole judgment of the High Court handed down on 12 October 2016. In the judgment, the High Court found the appellants liable to the respondent More
This case raises issues regarding minority rights in this country and one hopes, this judgment, in a way, will help spark a frank national conversation of these issues which we appear to have been shy or less enthusiastic to openly discuss.
[2] On 15 August 2014, the plaintiff who is a transgender issued process out of this Court seeking damages against the defendants.
The plaintiff’s claim was framed under different headings as stated hereunder:
“(i) Payment of $100 000.00 being damages for unlawful arrest.
(ii) Payment of $100 000.00 being damages for unlawful detention.
(iii) Payment of US$300 000.00 being... More
