This is an application wherein the applicant sought the following relief:
1. That respondent be ordered to sign all the necessary papers for the sale and transfer of stand number 598 Scone Drive, Killarney, Bulawayo, which sale and transfer shall be to the highest offeree or above US$140,000-00 as may be secured by the first of the following state agents; John Pocock and Co. (Pvt) Ltd, Ken Estates agents: Rodor Properties (Pvt) Ltd and Bulawayo Real Estates agents, failing which the Deputy Sheriff be authorized to sign the said papers.
That the respondent pays the cost of this application on... More
The right to personal liberty is enshrined under section 49 (1) of the Constitution of Zimbabwe (Amend No. 20) 2013, which provides as follows:
“(1) Every person has the right to his personal liberty which includes the right –
(a) not to be detained without trial;
(b) not to be deprived of their liberty arbitrarily or without just cause.” More
On the 14th January 2019 the country was rocked by demonstrations in most of the major cities in Zimbabwe. The demonstrations were characterized by looting of shops, destruction of property and widespread acts of hooliganism at a scale never seen before. For a period of four days roads into the major cities were barricaded and motorists were forced to abandon their normal routes. Scores of workers stayed in doors in their homes in a campaign dubbed “Shutdown Zimbabwe”. The applicants are all residents of the City of Gweru. The applicants are facing allegations of contravening section 36 (1) (a) of... More
This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) from a decision of the Supreme Court in terms of r 32(2) of the Constitutional Court Rules SI 61/2016 (“the Rules”). The rule provides that “a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter can apply to the Constitutional Court for leave to appeal against such decision”. More
On 14 August 2019 the appellant appeared before the senior Magistrate sitting at Mutare facing a charge of Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on 13 August 2019 and Kale Church Federation, Dangamvura, Mutare, the appellant unlawfully and intentionally used violence and attempted to strike Tinashe Munyanyi on his hands with an axe and stole GTel X5 cell phone. The appellant who was not legally represented pleaded guilty, he was convicted and sentenced to 5 years imprisonment of which 1 year imprisonment was suspended for 5... More
This matter came to me as an urgent chamber application set for hearing on 17 April 2017. The matter was indeed heard on that day. However, the parties sought to and the court allowed them to, file further written submissions and/or heads of arguments.
Applicant filed his Heads of argument on 29 April 2019. 1st respondent did not file any submissions whilst 2nd respondent filed his “written submissions” on 3 May 2019. Thereafter, applicant filed a response to 2nd respondent’s written submissions on 10 May 2019. On 16 May 2019 the applicant wrote a letter to enquire as to whether... More
The property situate Stand 2468 Mkoba 7 Township in Gweru (“the property”) was at all relevant times owned by the fifth respondent, Gweru City Council. However, one Honest Pepolo was apparently buying it from Gweru City Council in terms of one of those standard term lease-to-buy agreements. Apparently in June 2004 Pepolo sold his rights and interest to one Claudio Chakanetsa, now deceased (“the deceased”). In these proceedings his estate was cited as the first respondent, duly represented by the executor. More
