The appellant as accused No. 5 appeared before the provincial magistrate with four alleged accomplices on 30 October, 2020 facing a charge of robbery as defined in s 126 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The quintet was placed on remand following which they applied for bail pending trial which was denied by the said provincial magistrate. The appellant filed an appeal against the provincial magistrate’s decision to deny him bail on 13 January 2021. On 15 January 2021, the appeal was set down before FOROMA J whom postponed the matter to 19 January 2020 at... More
MAKONESE J: In terms of our law, and in accordance with the provisions of section 25 of the Administration of Estates Act (Chapter6:01), a deceased estate is represented by an executor or executrix duly appointed and issued with letters of administration by the Master. An executor accepts the position of legal representative of the deceased with all the rights and obligations attached to that position. It follows that because the deceased estate is vested in the executor, he is the only person who has locus standi to bring any action relative to property belonging to the deceased estate. Any person... More
TAKUVA J: This is a court application for review. The relief sought is couched in the following terms;
“a) The purported Review Proceedings chaired by the 1st respondent in respect of a tender carried out by applicant under Tsholotsho North Hunting Concession Tender Number TRDC 03/19 be and are nullified.
b) The 3rd respondent shall pay the costs of this application.”
The grounds for this application are:
1. Gross irregularity in the proceedings.
2. Gross irrationality in the proceedings. More
This is an appeal against the decision of the Grain Marketing Board Appeals Committee which decision confirmed the decision of the disciplinary committee. The disciplinary committee found the appellant guilty of three charges. The appellant was charged in terms of the Grain Marketing Board Code of Conduct. More
The applicant filed an urgent chamber application seeking a provisional order which in effect sought execution of a specific clause from an earlier provisional order granted to it. This was in light of an appeal of that order by the first respondent to the Supreme Court despite not having opposed the provisional order when it was sought. More
On 24 June 2021, I reserved judgment in this matter to consider the issue of prescription that had been raised by the respondent. This was after the court had dismissed the applicant’s point in limine that the opposing affidavit to the respondent’s notice of opposition had not been properly commissioned. It is trite that a court before proceeding into the merits must deal with a point in limine. See Gwaradzimba N.O v CJ Petron & Co (pty) Ltd, 2016(1) ZLR 28 (S). More
MABHIKWA J: In this matter, plaintiff issued summons on 15 September 2017 where it claimed:
(a) The refund of the US$21 700 being the balance of the purchase price for a stamp mill which the parties agreed that defendant would refund to the plaintiff following the parties’ agreement to cancel the contract of sale. Plaintiff had allegedly bought a stamp mill from the defendant.
(b) Costs of suit.
In its plea, defendant admitted that the parties entered into an agreement of sale, save to say that such agreement was oral. Defendant also admitted that plaintiff paid $26 700 towards the... More
