The plaintiff issued summons against the defendant claiming an order for eviction of the defendant and all those claiming occupation through him from stand number 7874 Belvedere Harare. The basis stated in the summons and declaration is that the defendant is in unlawful occupation of the property. His claim to occupation is based on the rights of a former owner whose agreement of sale over the property has since been cancelled. The defendant opposed the claim stating that he was in lawful occupation and that the plaintiff has no right to evict him. The joint pre-trial conference minute captured the... More
In this opposed application the applicant seeks the following relief.
“1. The cession of the late Glamous Elliot rights and interest in stand number 3710 Dulibadzumu Township, Beitbridge by the first respondent and approved be the 2nd respondent be and is hereby cancelled.
2. The 2nd respondents to include 3710 Dulibadzimu to the estate of the late Glamous Elliot
3. The respondents to pay costs on attorney client sale.” More
This is an application for rescission of judgment. On 29 August 2020 this court handed down a default judgment order against the applicant employee when he failed to show up on the hearing date. Aggrieved by the default order the employee has now approached this court seeking to have that default order set aside. More
The appellant in this matter was convicted of rape as defined in section 65 of the Criminal law Codification and Reform Act (Chapter 9:23). The allegations were that appellant had anal intercourse with the complainant Sabina Dube sometime in June 2017. Appellant was sentenced to 12 years imprisonment with 3 years imprisonment suspended on the usual conditions. More
MOYO J: This is an urgent chamber application wherein the applicant sought spoliatory relief for the repossession of Lot 4 Devuli Ranch also known as Mapari Ranch.
At the hearing of the matter I granted the order ex tempore. The 1st respondent has requested written reasons. Here are the reasons. 1st respondent had raised 2 points in limine. The 1st being that applicant was not properly represented as there was no resolution authorizing Leon Johannes du Plessis to represent applicant. A resolution was then tendered from the bar, the court accepted it and that point was settled. A 2nd point... More
The second applicant is the Managing Director of the first applicant. The first applicant is a Laboratory established in terms of the laws of Zimbabwe and both applicants deal with the people’s health and lives. The first respondent (HEALTH PROFESSIONS AUTHORITY-ZIMBABWE) (HPA) is a statutory body created in terms of the Health Professions Act [Chapter 27.19] and regulates the affairs of the applicants. The second respondent is an official cited in in his official capacity as the person entrusted with execution of the order by the first respondent. More
This is an urgent chamber application wherein applicant is seeking that a provisional order be granted on the following terms:
“that the first respondent or any person acting on behalf of first and second respondents be and is hereby interdicted from disputing, stopping or occupying SCRAI A Acturus, without any lawful authority or a Court Order or until the finalization of the appeal presently before the first respondent.” More
