A short judgment in this application is considered necessary in order to clear confusion which may arise on account of the orders which I shall make. It is therefore necessary to give a brief background to this application.
The two applicants were jointly charged with two counts of the offence of stock theft as defined in s 114 of the Criminal Law (Codification & Reform), Act [Chapter 9:23]. They were each convicted as charged on 13 February 2015 by the magistrate sitting at Guruve Magistrates Court. The applicants were sentenced on the first count to 16 years imprisonment each with... More
This is an urgent chamber application in terms of which the applicant Fidelity Life Assurance of Zimbabwe Limited hereinafter referred to as Fidelity seeks a provisional order whose terms of the final order sought and interim relief granted are as follows:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms:
1. That a final interdict barring respondent from carrying out developments and construction activities on the property being a certain piece of land situate in the District of Salisbury being the remaining extent... More
By agreement, three interconnected cases were consolidated and argued as one. The central dispute is over the rights, title and interest in a certain gold mine called Mirage 3, situate in Kwe Kwe, in the Midlands Province (“the mine”). In a nutshell, two protagonists, Fidelity Printers and Refiners (Pvt) Ltd (“Fidelity Printers”), and Jona (or Jonah) Nyevera (“Nyevera”) tussle for the right to occupy the mine and to exploit certain gold ore sands piled there. Both claim rights of ownership deriving from their certificates of registration of the mine with the Ministry of Mines and Mining Development (“the Ministry of... More
This application has been decided on papers without hearing oral submissions from the parties pursuant to paragraph 4 of Practice Direction 2 of 2021 headed Operational Directions on hearing urgent chamber and bail applications during the Level IV Covid-19 Lockdown period. Paragraph 4 of the said Practice Direction reads as follows:
“4) With effect from 22 January 2021, a Judge may consider and dispose of an urgent chamber or bail application on the papers without calling the parties to make oral representations or arguments…”
In casu the Applicant filed its application, the third Respondent filed his Notice of Opposition and... More
DUBEBANDA J: This is a court application for specific performance. Applicant seeks an order to compel 1st respondent to transfer into his name an immovable property being house number 1046 Chinotimba Township, Victoria Falls, and costs of suit. The application is opposed by the 1st respondent. 2nd and 3rd respondent did not file opposing papers and did not participate in these proceedings. I understand their position to be that they are content to abide by the order of this court, whatever it is. More
This is an application for leave to appeal to the Supreme Court a
decision of this Court handed down on 24 January 2020.
In considering applications of this nature, the court must consider whether
the applicant has reasonable prospects of success on appeal. See the case of Mendson Mjulumba Mpofu v National Social Security Authority SC 72/15. Further, for the application to succeed, it must be on points of law as is required by section 92F (1) of the Labour Act [Chapter 28:01] (the Act). More
MAKONESE J: This is an urgent chamber application for an interdict. The Draft Order is couched in the following terms:
“INTERIM RELIEF SOUGHT
1. That 1st and 2nd respondents, their associates, agents, assignees, partners, and all those claiming mining rights through them, be and are hereby ordered to forthwith cease all mining activities at Ansh 267 gold mine, registration number 27857, situate at Selukwe Peak Farm, Shurugwi.
2. That 4th respondent be and is hereby directed and ordered to carry out a survey on the ground and compile and file with the court a survey report within 21 days of... More
