Rule 25 of the Rules of this Court, Statutory Instrument 150 of 2017 (The Rules) provides for representation of parties, assumption and renunciation of agency More
This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court, sitting in Beitbridge, on a charge of robbery in contravention section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are briefly as follows: in that on the 19 July 2020, applicant used violence or threats of immediate violence and forcibly took cash amounting to ZAR 14 000.00; a Huwei Y9 blue in colour IMEI number 860673040578786; a Sonny Xperia black in colour IMEI numbers 352562100128050 / 357751107509595, being the property of Kurureni Mukwena. Applicant pleaded not... More
The records of proceedings in the above matters were placed before me on review in terms of s 57 of the magistrates court Act, [Chapter 7:10]. In all the record of proceedings, the accused persons appeared before the same magistrate for the province of Mashonaland, viz, T.A. Chamisa Esquire. The learned magistrate aforesaid disposed of each of the matters by way of trial of the accused upon the guilty plea procedure. The guilty plea procedure is provided for in terms of sections 271(2)(a) and 271(2)(b) of the Criminal
Procedure & Evidence Act, [Chapter 9:07]. In terms of distinction between the... More
MAKONESE J: This is an urgent chamber application for an interdict. The draft order is in the following terms:
“INTERIM RELIEF
1. That the respondents be and are hereby interdicted from carrying out mining activities at True Double Investments Mine at the exclusion of 1st and 2nd applicants and/or denying the applicants the right to benefit from the activities of the 2nd respondent being carried out at the mining site pending the return date.
2. That there be no order as to costs if the application is unopposed.
TERMS OF FINAL ORDER SOUGHT
3. That the 1st respondent and anyone... More
This is an application supposedly for a mandatory interdict. It is accompanied by a certificate of urgency in ostensible compliance with Order 32 r 241 of the High Court rules. I have had to determine the matter on the papers without hearing oral argument. The application is against a background of a spike in the spread of the deadly corona virus and a rise in fatalities from covid-19 related complications. On 2 January 2021, in response to that spike, the Government, as did many others around the world, ordered a return to a high level lockdown which is characterised by... More
The appellant was on 30 December 2020 denied bail pending trial by the provincial magistrate sitting at Harare. The appellant had appeared before the magistrate on a charge of incitement to participate in a gathering with intent to promote public violence, breach of peace or bigotry as defined in s 187 (1) (a) as read with s 37 (1) (a) of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. In the atternative, the appellant was charged “with incitement of gathering of more than fifty people without permission as defined in s 187 (1) (a) of the Criminal Law (Codification... More
KABASA J: The plaintiff got acquainted with one of the Directors of the defendant, Enos Mzondi Nkala in the 1980s. The two subsequently became friends. During the course of that friendship Nkala needed financial assistance, which the plaintiff provided. Mr. Nkala was unable to pay back what he had been given by the plaintiff and that saw the parties later agreeing on a business arrangement. Sometime in 2007 they entered into an oral Memorandum of Understanding wherein Mr. Nkala’s indebtedness to the plaintiff comprising of thefollowing: More
