DUBE-BANDA J: This application for condonation for the late filing of an application for review came before me in the unopposed motion court. Although served with this application, 1st and 2nd respondent did not file a notice of opposition. Thus this matter was set-down in the unopposed motion court. The applicant seeks the following relief:
1. Condonation and extension of time within which to file review proceedings in the High Court be and is here by granted.
2. Applicant to file review proceedings in the High Court within 10 days of this order. More
The applicant was charged with rape of two 11 year old girls. The date when the rape took place could not be determined accurately as neither of the complainants had made a timeous report to any adult who would have been expected to advise the complainants to make a report to the police.
The applicant was convicted of the rape allegations after the court found the two complainants to be credible witness. A reading of the magistrate’s judgment illustrates an eloquent alertness to the risks of attendant on the evidence of young children. The accused’s defence was a bare denial... More
This is an appeal against a judgment of a Magistrate sitting at Masvingo. At the centre of the dispute is a Toyota Corona motor vehicle registration number AND 4042 (hereinafter called the vehicle). The vehicle was sold to appellant by first respondent. What transpired thereafter is not agreed between the parties. The appellant and 1st respondent were plaintiff and defendant respectively in the court a quo.
When referring to the proceedings before the Magistrates Court I will refer to them as plaintiff and defendant. More
TAKUVA J: This is an interpleader application filed by the applicant in terms of Order 30 rule 205A as read with rule 207 of the High Court Rules, 1971.
FACTS
The judgment creditor obtained judgment in case No. HC 10259/19 (High Court Harare). Pursuant to that judgment, it instructed applicant to attach certain property that appears in Annexture A which is the Writ of Execution. The property so attached is being claimed by claimant. The claim is opposed by the Judgment creditor. More
On 7 November 2018, applicants obtained, on an urgent and ex parte basis, a provisional order which granted them the following interim relief:
1. That first and second respondents is barred and/or restrained from using in any manner and for whatever purpose, a certified copy of Deed of Transfer 621/2009 issued in lieu of the original on 31 October 2018; and
2. That third respondent is barred and/or restrained from acting on the said certified copy of Deed of Transfer.
The present matter seeks confirmation of the provisional order in the following terms:
1. That third respondent be ordered to... More
This is an Urgent Chamber Application wherein applicant seeks the following relief:-
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:-.
(a) That the provisional order be and is hereby confirmed.
(b) That the termination of the mining agreement between the applicant and respondent be and is hereby confirmed.
(c) That the respondent be ordered to pay costs of suit on an attorney and client scale. More
MABHIKWA J: The applicant made this application in terms of Order 49 Rule 449 of the High Court Rules 1971 purportedly to seek the rescission of a judgement granted under case No. HC 803/19 on the ground that an error had been made in granting the judgement. She also sought an order for the removal of the 3rd respondent as Executrix Dative in the estate of the late Laiza Khumalo. More
