This is an application for rescission of judgment in terms of Order 49, Rule 449 of the High Court Rules, 1971. The basis of the application is that the Court which granted Summary Judgment in case number HC 11563/18 did so in error and in the absence of the applicant. More
This application was first filed on 13 December 2017 wherein the applicant seeks admission to bail pending appeal. The application was either withdrawn or struck off the roll several times on account of the applicant’s failure to file the record of proceedings. It suffices to record that after all the delays in the hearing of the bail application, it turned out that the application could not be heard anyway because on 21 September 2020 after I had requested for the appeal record CA 648/16 for perusal and to confirm that the applicant’s appeal was still pending given the time of... More
Applicant is applying for a permanent stay of prosecution. He is a police officer who had charges preferred against him in 2015 in terms of the Police Act. A board of inquiry to try applicant was convened for applicant to be tried for contravening paragraph 39 of the Schedule to the Police Act [Chapter 11:10] “improperly using his position as member for his private advantage". More
On 8 March 2021, the applicant filed an application for bail pending trial on one count of robbery and another count of attempted rape. The matter was only argued on 16 April 2021 after several postponements. I dismissed the application and gave brief reasons in court. The applicant has requested detailed reasons for the dismissal of his application to enable him to progress the matter further. The following are the reasons. More
The applicants seek spoliatory relief and an interdict against 1st respondent. The application was filed on 15 March 2021. 1st Applicant is a housing co-operative registered in terms of the laws of Zimbabwe. Its founding affidavit was deposed to by its chairperson CHARLES SAUNGWEME. 2nd applicant is a member of the 1st applicant. He deposed to his own affidavit which essentially augments 1st applicant’s affidavit. There is also a supporting affidavit by SIDNEY MUMBAMARWO, who is a member of 1st applicant. More
This is an application for the cancellation of the agreement of sale of immovable property being Stand 1542 – 6 Hallen Drive, Athlone, Gweru, entered into in favour of third respondent’s minor charges Zandile E and Akhumuzi Justin Danisa. The sale was authorised by first respondent and consented to by second respondent, in the winding up of the estate of late Rodgers Dhliwayo. More
TAKUVA J: In this matter plaintiff issued summons against defendant claiming for an order as follows:
(a) A decree of divorce;
(b) An order that plaintiff be awarded stand number 369 Beeston Road, The Grange, Harare;
(c) An order that each party keeps as his or her sole property all movable property as may be in their possession on the date of issuing summons;
(d) An order that each party bears its own costs. More
