Welcome to Midlands State University Library

Court Judgements



Browse Court Judgements by year
This is an application forcondonation for late noting of an application for review. When the matter came up for hearing, a preliminary point was taken by the 2nd respondent. It argued that the draft ruling being sought to be taken on review has no legal force until after its confirmation when it is made an order of the court. The 2nd respondent submitted, in support of the preliminary point that it had raised, that the application is improperly before the court as it is based on nothing. The proceedings which are sought to be challenged cannot be taken on appeal... More

The appellant together with 3 co-accused were arraigned before the Magistrate Court Mutare facing a charge of contravention of s 368 (1) as read with s 368 (4) of the Mines and Minerals Act, [Chapter 21:05] “Prospecting for minerals without a permit or licence” the appellant together with another were tried and convicted after full trial while the other 2 co-accused were found not guilty and acquitted. The appellant and the co-accused whom he was convicted with were sentenced to 2 years imprisonment being a mandatory sentence. The appellant was dissatisfied by the conviction and noted an appeal with this... More

The applicant is facing 5 counts of armed robbery as defined in s126 of the Criminal Law Codification and Reform Act (Chapter 9:23). The applicant denies the allegations. The state alleges that between 9 October 2020 and 23 October 2020 the applicant, in the company of accomplices who are still at large, and two others who are in remand prison went on a rampage around the City of Bulawayo armed with pistols, axes, machetes and bolt cutters stealing cash and other valuables. The five charge sheets against the applicant reveal that the applicant is alleged to have stolen cash amounting... More

This is an application for quantification of damages for loss of employment. The application is opposed. The material background facts to the matter are as follows. The applicant was employed by the Respondent as an Auto Electrician. She was engaged from 2008 to the 12th of July 2012 when she was dismissed by Respondent following a disciplinary process. Aggrieved with the determination and penalty by Respondent, Applicant approached this court with an application for review conjoined with an appeal. More

This is an application whereby the applicant seeks the following interim relief. “Pending finalisation of this matter, the applicant be and is hereby granted the following relief: The execution of the warrant issued by this court under cover of HC 1525/19 be and is hereby temporarily stayed pending the return date of this matter.” The facts of this matter are that applicant is married to 1st respondent and the marriage still subsists. Sometime in 2011, applicant sought and got a provisional order barring 1st and 4th respondents from selling the parties’ matrimonial home namely stand C55 Njube Township in Bulawayo. More

This is an application for the upliftment of the automatic bar that came about after applicant failed to file a new set of opposing papers against the confirmation of a Provisional Order that had been granted against it after it had filed opposing papers for argument on whether or not a Provisional Order should be granted. It would appear applicant’s lawyer laboured under the mistake that once having filed opposing papers against the granting of the interim order, if it had no additional information it would still use the same opposing papers to argue against the confirmation of the Provisional... More

This is a court application for summary judgment. Applicants issued and served respondent with a summons commencing action on 2nd March 2017. Upon receipt of summons, respondent entered appearance to defend. It is applicant’s view that the appearance to defend has been done solely for purposes of delaying the inevitable as the respondent has no bona fide defence against the applicant’s claim for his eviction from the company house following the termination of his employment contract. More