The applicant, a public company which is duly registered as such in accordance with the laws of Zimbabwe, applies for a declaratur. It premises its application on a judgment which was granted to it on 5 December, 2018 under HC 10306/18. The judgment ordered the respondent who is a natural person, to pay to it the sum of $47 593.17 together with interest theron of 5% per annum reckoned form 7 September 2018 to the date of full payment. More
The only issue to be decided in this matter is the scale of costs By way of background the employee filed with this court a Notice to withdraw an application which he had filed with this court.
He however did not tender wasted costs. This prompted the employer to invite him to tender costs. Again he did not and this gave rise to the sitting where both parties presented before this court to argue the issue of costs only. The point of departure in the matter is that the employer is calling for punitive costs to be awarded against the... More
The appellant is a public prosecutor who among other duties represents the State in bail matters on the authority of the Prosecutor General. He appeared before the Anti-Corruption Court at Harare Magistrates Court charged with criminal abuse of duty as a Public Officer as defined in s 174 (1) (a) of the Criminal Law Codification & Reform Act [Chapter 9:23].On 8 December 2020 he appeared in the High Court representing the State in a bail application filed by certain suspects namely Mussa Taj Abdul, Tapiwa Rudolf Kamhanga and Godfrey Mupamhanga who were facing a multiplicity of robbery in aggravating circumstances... More
On the 25th of September 2020, applicant was arrested for a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. On 29 September, 2020 he was placed on remand where upon he was advised to apply for bail at the High Court as he was facing a third schedule offence. This is his application for bail pending trial. More
The applicant was convicted of two counts of stock theft and one count of extortion. He was sentenced to 9 years’ imprisonment in respect of each count of stock theft. In respect of the charge of extortion he was sentenced to 36 months’ imprisonment of which 6 months were suspended for 5 years on condition of good behaviour. A further 6 months were suspended on condition of restituting $200 to Bekithemba Ndlovu on or before 28 February 2019. Appeal against conviction and sentence was noted in December 2018. The applicant now seeks bail pending determination of the appeal. More
The applicant Tapiwa Mangoma is an attested member of the Zimbabwe Republic Police based at Beitbridge Urban Police Station in Beitbridge. He applies for bail in respect of three counts of “Armed” robbery as defined in s 126 of the Criminal Law 9codifuication & Reform) Act [Chapter 9:23]. In terms of s 126 aforesaid there is no offence called “armed robbery.” The offence is defined as robbery, which in terms subs 3 of s 126, if during its commission, the accused or accomplice More
This ruling relates to a point in limine raised by the plaintiff to the defendant’s plea in bar/abatement.
The brief background of the matter is that the parties are married in terms of the Marriage Act, [Chapter 5:11]. On 18 February 2019 the plaintiff instituted divorce summons under case number HC 1271/19. On 5 March 2019 the defendant entered an appearance to defend and subsequently filed a plea and claim in reconvention on 7 March 2019. On 20 March 2019 the plaintiff filed a replication to defendant’s plea and also filed a plea to the defendant’s claim in reconvention. On... More
