The appellant appeared before the Regional Magistrate for the Eastern Region facing two charges. Firstly, he was charged with Rape as defined in s 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23] in that on the 10th April 2017 he had unlawful sexual intercourse with a female adult without her consent. Secondly, he was charged with Criminal Abuse of Duty as Public Officer as defined in s 174 (1) of the same Criminal Law Code in that on the same day he gave to the victim two documents namely, a birth certificate and national identity document... More
This is an application for rescission of a default judgment granted by this applicant on 26 May, 2021. It is opposed.
The requirements for a default judgment to be rescinded are as follows:
1. Whether or not the applicant was inwilful default.
2. Whether or not the application is bona fide;
3. Whether there are prospects of success should the matter be heard on the merit More
This is an urgent chamber application for stay of execution purportedly made in terms of r 57 (2) (a) of the High Court Rules, 2021 (S.I. 202 of 2021). More
The applicant seeks a decree of perpetual silence and to interdict the first respondent from instituting or prosecuting any litigation concerning a certain piece of land known as 425 Marlborough Township Extension 2 of Marlborough ‘the property’ without the leave of the court and that service in the application for leave be served by the Sheriff to the applicant’s legal practitioners of record. More
The facts appear in the applicant’s papers and they are outlined as follows: Applicant owns the property and attached proof of ownership, a title deed and on that property is built Robert Mugabe House which accommodates orphans and deserted children and is administered by trustees. Respondents occupied the house as beneficiaries and at the pleasure of the applicant and the institute only accommodates beneficiaries aged between one and fourteen years. Both respondents are now majors.
Applicant contend that the respondents have become hostile towards the Institute’s trustees and employees and erected illegal structures on the piece of land without the... More
MAKONI JA: This is an appeal against the whole judgment of the High Court, handed down on 24 January 2018, wherein it dismissed the appellants’ claim.
BACKGROUND FACTS
The first appellant is a private voluntary Trust established in terms of the laws of Zimbabwe. The second appellant is Mukonotronics (Private) Limited a corporate body registered in terms of the laws of Zimbabwe. The respondent is Karpeg Investments (Private) Limited a Zimbabwean corporate body trading under the name Kadir and Sons. More
This applicant, having previously been denied bail pending trial, submitted this further application which he named ‘bail application for bail based on changed circumstances in terms of r 5 of the high court rules 1991 as read with s 116(c) (ii) of the Criminal Procedure and Evidence Act [Chapter 9:07]’. Having perused the Act, I am satisfied that the nomenclature does not emanate from proviso (ii) of s 116 of the Criminal Procedure and Evidence Act. The phrase changed circumstances may have been used in practice and case law in discussing the circumstances under which a fresh bid for bail... More
