In a judgment LC/H/60/20 I dismissed applicant’s appeal in its entirety. Aggrieved, applicant filed the current application for leave to appeal to the Supreme Court.
On the date of hearing of this application, applicant made an oral application for the removal of the bar operating against him for failure to file timeously his heads of argument as required in terms of Rule 26(1) of this Court’s Rules S.I. 150 of 2017. More
The appellant in this matter appeared before a magistrate sitting at Filabusi Magistrates Court, charged with the crime of stock theft in contravention of section 114 (2) (i) and (ii) of the Criminal Law (Codification and Reform) Act, chapter 9:03.
It was alleged that on a date unknown to the prosecutor but during the month of June 2017 and at Filabusi grazing lands, Samuel Nsingo and Obvious Mlauzi or one or more of them went to Papama area where they found five (5) herd of cattle grazing freely unattended. The two then stole and drove the 5 cattle to their... More
This is an urgent chamber application for stay of execution. The draft order is in the following terms:
“Interim relief granted
Pending determination of this matter and the matter under case number HC 1435/20, the applicants are granted the following relief:-
1. The respondents be and are hereby interdicted from causing the issue and/or executing the warrants of execution issued in case number HC 3896/12 for payment of US$6 750 or its equivalent as the date of payment, interest on that amount at the rate of 5% per annum calculated from 22 June 2011 to date of payment.
2. In... More
This is an appeal against the whole judgment of the Labour Court handed down on 30 June 2017, which upset the determination of the Appeals Board of the National Employment Council (NEC) Banking undertaking of 15 July 2016 made in favour of the appellant. More
This matter was originally set to be heard on 01 April 2020. Due to the onslaught of the CORONAVIRUS pandemic, the Chief Justice issued an instruction to the effect that courts would only deal with very urgent matters and the rest had to be postponed. This was in order to avoid unnecessary contaminations and curb infections. On the date of the hearing, applicants’ legal practitioners were contacted telephonically and informed of the position. It was also suggested to them that,
with their consent, the matter could be determined on the merits if they were satisfied that the documents they had... More
The applicant in this matter seeks as against the respondents an order as follows:-
“1. That the 1st, 2nd and 3rd respondents be and are hereby directed to release a sum of USD58 000 belonging to applicants within 24 hours of service of this order upon them.2. That 1st, 2nd and 3rd respondents be and are hereby directed to pay costs of suit on an attorney and client scale jointly and severally with one paying and the other to be absolved.”
The background of this matter per applicant’s version is that applicant and 4th respondent entered into an agreement wherein... More
The parties in this matter are former husband and wife. In apparently acrimonious and protracted divorce proceedings, my brother TAKUVA J wrote a full and comprehensive ten (10) paged judgment to resolve the divorce matter. The part of that judgment, that is relevant for these proceedings reads as follows: More
