The applicant is a company registered in terms of the laws of South Africa. It is a peregrine. The applicant filed this urgent application for a provisional order whose terms were couched as follows –
“TERMS OF FINAL ORDER SOUGHT
1. The applicant be and is hereby declared the sole and rightful owner of a certain movable property being a Gold Recovery Plant presently situated at 2nd respondent’s mining location in Hwedza as well as the 8 tone crusher unit presently situated at Number 35 Paisley Road, Corner Stirling Road, Workington, Harare.
2. The respondents be and is hereby barred,... More
This judgment is in respect of two related applications involving, to a large extent, the same parties. In Case No. HC206/20 the applicant seeks an order for the setting aside of the decision of the first respondent approving the second respondent’s bill of costs on the grounds that it is unreasonable, unfair and unlawful. The application is being made in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28]. In Case No. HC 592/20 the applicant, who is the second respondent in HC 206/20, seeks an order that the first to seventh respondents pay the sum of $339... More
The applicant obtained the following provisional order:
“TERMS OF THE FINAL ORDER
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. It is declared that the payment by the applicant in the sum of ZW$495 000.00 on 18 June 2020 and ZW$68 083. 00 on 19 June 2020 fully discharged the judgement debt that is specified under case number HC 979/15
2. The actions of the second respondent in purporting to execute the writ of execution described above is declared unlawful.
3. The first and second respondents be... More
This is an urgent chamber application for an interdict and declatatory relief in terms of Order 32 Rule 241 as read with Section 85 of the Constitution of Zimbabwe. In concise terms this is an urgent chamber application for an order compelling the first respondent to issue written policy directives that ensure compliance with the COVID-19 preventative measures known as Public Health (COVID-19 Prevention, containment and Treatment orders) in compliance with section 229 (4) of the Constitution of Zimbabwe which responsibility affects the affairs of the Prisons and Correctional service. More
This is an application from the bar for upliftment of a bar for failure to file heads of argument in an application for condonation for late noting of an appeal. In other words after failing to meet the time limitations in a court process the applicant applied to be forgiven while processing that application the applicant has failed again to meet the time limitations in the application to be forgiven and now needs to be forgiven again before the original application can be considered or else the applicant cannot be heard. More
KABASA J: This is an application for bail pending appeal. I did not hear the parties as I decided to dispose of the matter on the papers in terms of Practice Direction 2/2021, a Practice Direction put in place in an effort to contain the spread of the corona virus.
The applicant appeared before a Provincial Magistrate sitting at Entumbane charged with one count of unlawful entry committed in aggravating circumstances as defined in section 131 (1) (a) as read with section 131 (2) (e) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded guilty to the... More
The applicant has petitioned the judge of the High Court applying for his release from pre-trial custody on bail. The applicant appeared before the magistrate at Harare on initial remand on 25 November, 2020 on allegation that he committed two counts of the offence of robbery committed in aggravating circumstances (colloquially referred to as “Armed Robbery”). In the first count the allegations were that on 19 July, 2019 he committed the robbery at a house in Helensvale surburb, Harare around 18:30 hours. The applicant allegedly committed the robbery in the company of two accomplices namely Mbonisi Ndlovu and David Zingura.... More
