MABHIKWA J: The applicant in the matter filed an urgent chamber application for stay of execution seeking the following interim relief that:
1. Pending the return date, the 1st and 2nd respondents be ordered to suspend execution of the court order obtained by the respondent under case number HC 1416/20.
2. The 1st respondent pays the costs of this application.
I must state from the onset that the court took note in this case that the application could have been overtaken by events. That is to say;
(a) According to the certificate of urgency, the eviction was scheduled for 24... More
This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More
This is an application for dismissal of an application for want of prosecution in terms of Rule 236 (3) (b) of the High Court Rules 1971 (the rules).
The history is as follows. Respondent who is a sitting councilor in 3rd applicant’s Council filed an application for cession of his right, title and interest in respect of a stand he alleged to belong to him. The application was filed under cover of case number HC 2750/19 on the 19th of October 2017 and applicants filed their notice of opposition and opposing affidavits on the 3rd of November 2017. These documents... More
This is an appeal against the refusal of the Magistrates court, sitting in Kwekwe, to admit the appellant to bail pending the conclusion of his trial which is already on course. Appellant is charged with the crime of contravening section 3(1)(2)(3) of the Gold Trade Act [Chapter 21:04] “unlawful dealing in gold.” It is being alleged that on the 27 January 2020, and at Mbizo 2 shops, Kwekwe, appellant not being a holder of a permit or licence authorising him to deal in gold, unlawfully bought or received 65 grams of gold. In the alternative, he is charged with the... More
This is an urgent chamber application. According to the certificate of urgency, the applicant is the registered owner of gold mining claims known as Stella A and Stella B, which are adjacent to 1st and 2nd respondents’ gold claim known as Stella C. It is alleged that if 1st and 2nd respondents’ are allowed to carry out mining operations at the disputed mining locations the mineral resource will inevitably be depleted causing irredeemable prejudice to the applicant. It is contended that none of the parties will suffer any irreparable prejudice if the relief prayed for is granted. More
Both matters herein emanate from two separate election petitions lodged before the High Court, qua Electoral Court, in Case No. EC 21/18 and Case No. EC 37/18. They were consolidated and heard together and determined in a single composite judgment (No. ECH 2-19) by the court a quo. Both appeals were similarly consolidated and heard together in this Court. At the end of that hearing, following submissions by counsel on two preliminary issues, the Court made the following order:
1. Judgment in relation to both preliminary points:
(i) whether both appeals are properly before this Court in view of the... More
3. The appellant is a company duly incorporated in terms of the laws of Zimbabwe. The respondent is also a company incorporated in terms of the laws of Zimbabwe and is registered as a commercial bank. Sometime in March 2013, the parties entered into a loan agreement in terms of which the respondent granted a short-term loan facility to the appellant for an amount of USD160 000. In terms of the loan agreement, the appellant was to finance its business activities, particularly the procurement of raw materials. The appellant was also obliged to pay the respondent an amount equivalent to... More
