DUBE-BANDA J:The Applicant seeks the evictionof the first respondent and all those claiming the right of occupation through her from an immovable property located on registered Site number 740, which is said to be a site for housing containing no more than 12ha held in connection with the Mining Location, named Big Ben under registration number 32538 (the housing site). The application is opposed by the first respondent More
The applicant filed and argued this bail application as a self-actor. The arresting detail and the investigating officer adduced evidence for the respondent. The former opposed the applicant’s release on bail while the latter consented to the same. Counsel for the respondent had filed a written response opposing the application. However, in light of the testimony of the investigating officer, the respondent’s representative, in her oral submissions, consented to the release of the applicant on bail pending trial. More
This is an application for setting aside the interim liquidation and distribution accounts pertaining to the Applicants which were lodged by the second respondent in the estate late Edward Nyanyiwa, DR471/19. The accounts were confirmed by the 1st Respondent. More
KABASA J: This is an application for the dismissal of the respondents’ application filed under case number HC 1425/16 for want of prosecution. The application is in terms of Order 32 Rule 236 (3) (b) of the High Court Rules, 1971.
The background facts are these: The respondents filed a court application seeking a declaratur of mining rights and cancellation of the special mining grant SG 5751 issued in favour of the applicant. The application was filed on 7th June 2016 and served on the applicant in 2017. The applicant duly filed a notice of opposition together with an opposing... More
This is an appeal against the determination of the respondent’s Appeals Committee issued on 11 April 2019, which upheld the appellant’s dismissal from employment. More
KABASA J: The plaintiffs co-own a commercial property situated at 101 R. Mugabe Way, Bulawayo. They leased the property to the defendant and the lease was to run from 1 October 2011 expiring on 30th September 2012.
Clause 4 of that lease agreement stated the terms regarding the renewal or termination of the lease. This clause stated that: -
4(a) “Subject to any option to renew this lease hereinafter contained, unless the tenant gives to the owner notice as set out below, that he will vacate the Premises upon the expiry of this lease, the lease will be deemed to... More
The promulgation of Statutory Instrument 33 of 19 namely Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars) Regulations, 2019 has had a profound effect on instalment sales of immovable properties for contracts concluded prior to 22 February 2019 the instrument’s effective date. Of late this court has been inundated by applications by parties whose agreements were instalment sales with purchase prices expressed in United States dollars prior 22 February 2019, either contesting what is presumed to be due or asserting that they have discharged their liability... More
