From the facts extracted from the applicant’s founding affidavit filed of record, applicant was allocated Plot 15B Bomhani, Cashel in terms of the land resettlement programme. Respondent was also allocated the identical plot and moved in to practice farming activities on the plot. The applicant filed an application at the Mutare Magistrate Court for an interdict barring Respondent from practising farming on the plot. The application was granted. The respondent appealed against the order. The appeal with the High Court was struck off the roll. The respondent made an application to the Administrative Court which is still pending and also... More
On 17 July 2018, default judgement was granted in favour of the respondent in case No. 1769/02. Applicant has made this application in terms of Order 9 Rule 63 of the court rules seeking rescission of that judgement. More
The applicants, who are husband and wife, bought two properties being stand Nos. 1243 and 1244 from the 1st respondent. The stands cost a total of US$27 200.00. However, in trying to get transfer, 1st respondent failed to pass same because he in fact had earlier sold the properties to one Mr Makara. The said stands are situate in Senka Township, Gweru. The court notes that at the beginning of 2017 and represented by its Director, the 2nd respondent, the 1st respondent made an undertaking to repay in full the amount of US$27 200. Annexture “B” even contains a complete... More
The applicant seeks leave to be allowed to amend its pleadings in HC 187/19. The applicant is the first defendant in that matter and the 1st respondent is the plaintiff. Before filing this application the applicant sought the consent of the 1st respondent to no avail. More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 29 April 2020, applicant appeared before the Gwanda Magistrates Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction, with the personal consentof the Prosecutor – General, to entertain hisbail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure... More
The appellant appeared before a magistrate sitting at Bulawayo on the 18th of November 2018 facing two counts of contravening section 89 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), that is assault. Appellant pleaded not guilty to both counts but following a full trial he was convicted and sentenced to 48 months imprisonment of which 12 months was suspended for 5 years on the usual conditions of good behaviour.
Dissatisfied with the outcome of the proceedings in the court a quo, appellant lodged an appeal against both conviction and sentence.
In his grounds of appeal,... More
