DUBE-BANDA J: This is an application for bail pending appeal. It was filed with this court on the 12 February 2021. Respondent filed its response on the 15 February 2021. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice of Zimbabwe. After I had completed writing this judgment, while it was awaiting to be taken to the Registrar’s office for the allocation of a judgment number (HB number), I was then informed that applicant had filed a notice of... More
The Applicant a self-actor approached this court on an urgent basis seeking to stay proceedings under case number CGK 118/21 at Kadoma Magistrates Court pending determination of the review proceedings in Case Number HC 2354/21. More
MOYO J: This matter started off as a court application but was at some stage referred to trial. The plaintiff seeks an order couched in the following manner:-
“1. The applicant be and is hereby declared the rightful owner of a property known as 3 Cathness Hillside Bulawayo.
2. That pursuant to the above 1st and 2nd respondents sign all the necessary transfer papers within 7 days of the granting of this order so as to effect transfer into the names of the applicant.
3. Failure by the 1st and 2nd respondents to sign the necessary transfer papers the Sheriff... More
The appellants are being charged with unlawful dealing in dangerous drugs as defined in s156(1)(c)of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Their application for bail pending trial was refused by the Magistrates Court on the basis of the strength of the state case and the consequent likelihood to abscond given the likely sentence that may ensue. More
CHIKOWERO J: Having been denied bail pending trial by the magistrates court sitting at Chegutu, the appellants appealed against that decision in terms of s 121 (1) (b) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the CPEA”) as read with rule 6 (1) of the High Court (Bail) Rules 1971. More
This application was filed on urgency on 19 March 2021 and was placed before me initially on 24 March 2021. At the hearing it turned out that there was a similar application pending before this court involving the same parties, seeking the same relief under Case number HC 608/21 (the first urgent application.) The first urgent application was filed on 16 March 2021 and was placed before my brother MUSAKWA J who struck it off the roll for applicant’s failure to use the correct form.
At the initial hearing of 24 March 2021, a preliminary point of lis pendens was... More
