The applicant applied, through the urgent chamber book, for spoliatory relief. He alleges that he is the holder of exclusive prospecting rights licence in a block of gold mine claims known as Danley Mine in Chakuri. He claims that he was in peaceful and undisturbed possession of the mining claims and was carrying out his prospecting operation when, on 24 August 2021, the first and third respondents despoiled him of the same. These, he avers, unlawfully took occupation of the mine stating that the fourth respondent authorized them to despoil him. The second respondent, he alleges, has commenced illegal mining... More
MABHIKWA J: The applicant filed this application which was served on the respondent on the date of hearing. He opposed the application. It was proposed and agreed that the parties file heads of argument and the matter be determined on the papers. This court then gave directions as to the filing of the notice of opposition, answering affidavit if any, and the heads of argument. More
KABASA J: This application was filed on 27th January 2021. Due to the measures put in place in terms of Practice Direction 2/2021 I advised the parties that I intended to dispose of the matter on the papers. I instructed the applicants to serve the application on the respondents who were to file their opposing papers by 29th January if they were so inclined.
The first, third and fourth respondents duly filed their opposing papers, paving way for me to proceed to determine the matter.
The background facts are these: - In 2017 the third respondent fell into financial problems... More
This is an urgent chamber application for an interim interdict. Due to the lockdown measures currently in place to check the spread of the covid-19 world pandemic and in terms of which the courts have virtually shut down, except for bail and remand matters, this application is being decided on the papers and thus,without the benefit of oral argument. More
The two applicants are young Zimbabwean feminists and human rights activists with special interest and concern for children, gender, women’s and socio economic rights. They filed the present application as a public interest application to protect the rights of children. In their founding affidavits they averred among other things that the current age of sexual consent in Zimbabwe is 16. This age is defined from the Criminal Law (Codification and Reform) Act [Chapter 9.23] (the CODE) which in Section 61 defines a ‘young person’ as a boy or girl under the age of 16 years. However, they further averred that... More
MAKONESE J: This is an application for a declaratur. The applicant seeks an order in the following terms:
“IT IS ORDERED THAT:
1. The conduct of the respondent to withhold the applicant’s vehicle on condition that that he has to pay duty in foreign currency be and is hereby declared ultra vires the law prevailing at the time and therefore illegal.
2. The ordinary meaning of the phrase” within 42 days of importation “of goods in section 3 (3) of SI 252A, be declared not to be reckoned from 23rd November 2018, but from the date of importation.
3. The... More
MATHONSI JA: This is an automatic appeal against the sentence of death imposed on the appellant by the High Court on 31 January 2018 following his conviction of the crime of murder with actual intent. More
