The appellant is appealing against the whole judgment of the High Court (the court a quo) in which it upheld the first respondent’s suit against the appellant claiming a declarator and a half share of Usaramu Farm (the Farm), whereupon the court a quo issued the following order:
“Accordingly therefore it is hereby ordered as follows:
1. It is hereby declared that Usaramu Farm was jointly acquired by the Plaintiff and the late Christen Chauraya.
2. The plaintiff’s claim for a half share in the farm is hereby allowed to an extent whereby parties have to take appropriate legal steps... More
This is a combined appeal and review application and for convenience, I will deal with the application for review first.
Applicant was in Respondent’s employ as a Technician Mechanic. As part of his duties, on the 9th January, 2019 applicant carried out a major service on a client’s motor vehicle. What constituted major service was not an issue. It inter alia constituted removing the tyres and putting them back on the motor vehicle. After completing the service, the motor vehicle went through quality control, washing and was parked at the collection bay awaiting collection by the client. More
The appellant appeared before a Provincial Magistrate sitting at Lupane Magistrates Court facing a charge of Contravening Section 49 of the Criminal Law (Codification and Reform) Act, Chapter 9:23, namely culpable homicide, to which he pleaded not guilty. He was however convicted and sentenced to pay a fine of $600 or in default of payment 6 months imprisonment. He also had his driver’s licence endorsed.
Dissatisfied with the conviction the appellant appealed and took issue with the court a quo’s decision on the following grounds:-
1. The court a quo grossly misdirected itself on the facts that no court faced... 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 2 January 2020, applicant appeared before the Nyamandlovu 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 to entertain hisbail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure and Evidence Act [Chapter 6.09], (the Act) which... More
In this application, applicant seeks the following relief:
“1. The respondents’ chamber application for condonation made under case number HCA 62/20 be and is hereby dismissed for want of prosecution.
2. Respondent shall bear the costs of suit.”
Background
On 26th February 2020 respondent lodged with this court a chamber application for condonation of late filing of court application for review under case number HC 462/20. Applicant issued and served a notice of opposition and opposing affidavit on the respondent on 10 March 2020. More
This is an appeal emanating from the Regional Magistrates Court sitting at Masvingo where appellant was convicted of the offence of having sexual intercourse with a young person below the age of sixteen years in contravention of section 70(1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (“the criminal code”). More
This is an appeal against the decision of Respondent’s Final Appeals Committee which upheld the tribunals aquo (Appeals Committee and Disciplinary Committee) verdict of guilty and penalty of dismissal imposed on the Appellant. More
