TAKUVA J: The applicants have approached this court on a certificate of urgency seeking the following interim relief.
Final order sought
That you show cause why a final order should not be made in the following terms:
1. The provisional order be and is hereby confirmed.
2. That 1st respondent’s failure to ensure an adequate and consistent supply of clean and safe water to Mkoba be and is hereby declared to be a violation of the applicant’s right to clean safe and portable water protected under section 77(a) of the Constitution.
3. That the 2nd and 3rd respondents’ failure to... More
On 20 March 2021 the Applicant brought an urgent chamber application seeking the following:
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms that:-
1. The provisional order be and is hereby confirmed.
2. Respondent be and is hereby interdicted from interfering with Applicant’s guardianship rights in respect of Applicant’s biological children.
INTERIM RELIEF SOUGHT
Pending the Return Day, the Applicant is granted the following relief:-
“1. Respondent is interdicted from sending KK born on 3rd April 2008 (the child) to Chemhanza Secondary School.” More
I heard this matter on 14 September, 2020. I delivered an ex tempore judgment in which I granted the applicant’s prayer.
On 2 October, 2020 the first and second respondents wrote to the High Court registrar. They requested reasons for my decision. They indicated that they wanted to appeal my decision. The reasons are these:
The applicant purchased from one Cyprian Musarurwa (“Musarurwa”), who is now late, a certain piece of land which is situated in the district of Salisbury called stand 282 Chadcombe Township of Stand 221B Chadcombe Township (“the property”). It is 4109 square metres in extent and... More
I dismissed this application for condonation of late noting of an appeal. The applicant has requested for the reasons for the purposes of an appeal. More
1. This chamber application was placed before me on a certificate of urgency on 24 May 2021. I formulated the view that the application was not urgent and removed it from the roll. The applicant requested audience with the court resulting in the matter being set down for the purposes of hearing argument on the question of urgency.
2. At the hearing of the matter, the respondent challenged the authority of the court to deal with the application on the basis that the court has already made a decision on urgency and is functus officio on the question of urgency.... More
1. This is an application for rescission of a default judgment granted by this court on
4 November 2020. The present application was filed on 17 November 2020. It is opposed.
2. In order for an application for this nature to succeed the following requirements have to be addressed.
(i) The length of the delay in applying for the rescission must be explained.
(ii) The reason for the default.
(iii) Prospects of success.
(iv) Balance of convenience.
Redstar Wholesalers v See Livingstone Mutomba SC 142/04 and cases cited therein.
3. It was argued on behalf of the applicant that the... More
DUBE-BANDA J:This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court sitting in Bulawayo, on two counts of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him were briefly as follows: that on a date to the prosecutor unknown, but sometime during the month of April 2019, at number 28 Northway Burnside (house) Bulawayo he had sexual intercourse several times and on different occasions with the two complaints without their consent or realizing that there was a real risk or possibility that... More
