TAKUVA J: In this application the applicants seek an order in the following terms;
“1. The first respondent’s decision confirming the sale under case No. HC 4159/17, SSB 47/18 be and is hereby set aside.
2. The first, second and third respondents be and are hereby ordered to pay costs of this application only if the same is opposed.” More
This is a court application for specific performance, declaratur and other consequential reliefs. The reliefs sought are hereunder set out in full as follows:
“IT IS ORDERED THAT:-
1. The purported cancellation, by first respondent, of the agreement of sale of the immovable property described in paragraph 2 below concluded between First respondent and applicant be and is hereby declared to be invalid, null and void.
2. The first respondent be and are hereby directed to,within seven (7) days of the date of this order, sign all documents and do all things necessary to have the transfer of a certain... More
At the outset of the hearing of this appeal on 18 March 2021, counsel for the respondent, Mr Nyahunzvi, who had not yet filed the respondent’s response raised the issue of the jurisdiction of this court to deal with the matter since the judgment appealed against pertained to proceedings held at Gweru Magistrates Court. Mr Nyahunzvi submitted that the appeal should have been noted at High Court Bulawayo station because that is where Gweru Magistrates Court matters which arise for the High Court determination should be channelled. The appellant in this case was denied bail by the magistrate sitting at... More
The applicant lodged an application for bail pending trial on allegations of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On 13 April 2021 applicant is alleged to have connived with a co-accused to kill two children. In that after a School Development Committee meeting the applicant took the two children home since they resided in the same area. The applicant met up with the co-accused who was in the bush and killed the two children by inflicting deep cuts in their necks. The applicant and co-accused covered blood stains on the... More
This is an appeal against the confirmation of a provisional order issued by the court a quo on 21 May 2020.
The terms of the final order appear at p 398 of the record and essentially interdicted the second respondent herein from removing any equipment from Empress Mine which is at the centre of the dispute. In the same order the appellant was allowed to remove its own equipment from the same mining claim.
Further, the final order also interdicted the appellant, the second respondent, and the fourth respondent from interfering with the first respondent’s mining activities at the mine.... More
MABHIKWA J: The applicant in this matter was charged with and convicted of the crimes of firstly contravening section 65 of the Criminal Law (Codification and Reform) Act, Chapter 9:2 – “Rape” and secondly contravening section 67 (1) (a) (i) of the same Act, “Indecent assault.” The applicant was subsequently sentenced by the Regional Magistrate’s Court sitting at Bulawayo to 16 years imprisonment of which 3 years imprisonment were suspended on conditions. Having filed a Notice of appeal against both conviction and sentence, the applicant has filed the current application for bail pending appeal. More
KABASA J: This is an appeal against a determination made by the Provincial Mining Director for Matebeleland South. The determination filed of record has 15th June 2020 as the date of determination and T. Makaza as the official who made such determination. The notice of appeal however has a different date as the date of the determination and a different name of the official who is said to have made that determination. More
