At the conclusion of submissions by counsel, the Court delivered a unanimous ex-tempore judgment. Counsel for the first respondent has now requested written reasons for the ex-tempore judgment.
2. It was couched as follows:
“We hereby present the unanimous decision of the court.
(a) This is an appeal against the whole judgment of the High Court (the court a quo), in which it struck off the roll an urgent application seeking to interdict the respondent from evicting the appellant from a certain farm known as the Remainder of West Hay Sabona Bon without a court order.
(b) The court a... More
This is an urgent chamber application in which the interim relief sought is that 1st respondent be barred and interdicted from evicting the applicant from a certain farm known as “the remainder of Westhey, Sabonabon Estate, Kadoma arbitrarily without a court order. As a final order, it is prayed that the provisional order be confirmed with respondents paying costs. More
GARWE JA
[1] This is an appeal against the whole judgment of the High Court of Zimbabwe sitting at Harare granting the respondent’s claim against the appellant in the total sum of US$120 000 together with interest thereon and costs of suit. The amount represents land development levies for the period 2009 to 2013 which the respondent claimed were outstanding in terms of the Rural District Council Act, [Chapter 29:13] (“the Act”). In determining that the appellant was liable to pay the sum claimed by the respondent, the court a quo interpreted the word “owner” as defined in s 95... More
The two applications were consolidated for purposes of hearing by consent to accommodate the investigating officer who is common to both cases so that he testified once in relation to both applications. The applicants stand charged with the offence of robbery committed in aggravating circumstances (colloquially called “Armed robbery”) as defined in s 126 (1) (a) (b). The charges against the applicants arise out of their alleged involved in a robbery involving the waylaying of a cash in transit carrying vehicle laden with USD$2 775 000.00 belonging to ZB Bank and destined for delivery to the bank’s branches in Chinhoyi,... More
This is an application for condonation of late noting of an appeal to the labour court at the applicant employee’s instance. This application follows the employee’s failure to appeal to the labour court following his dismissal by the mission hospital. The hospital and the health services board are both opposed to the grant of condonation relief. More
This matter came before me as an unopposed application for the review and setting aside of the decision of the Magistrates Court at Harare (the first respondent herein was the presiding Magistrate). In terms of that decision the applicants’ challenge to their placement on remand on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was dismissed. The respondents were served with the application but they did not file a notice of opposition and opposing papers hence the matter was set down on the roll for unopposed matters. The applicants... More
The applicant filed an urgent chamber application seeking interim relief pending the return day, which required:
1. The 1st respondent to be compelled to grant the applicant access to the property called Stand 22 Broadmead Estate Township of Stand 2 Broadmead Estate Township, known as 22 Rubidge Close, Hoggart Hill, Harare (hereinafter referred to as “the property”), immediately or upon the granting of this order. Failing compliance, the applicant asked the court to authorize the 2nd respondent to take measures that would allow the applicant access to the property.
2. The 1st respondent to be interdicted from selling or transferring... More
