This is an urgent chamber application for a spoliation order which was initially lodged against the first to third respondents before the fourth respondent was joined to the proceedings in terms of Rule 32(12) (b) of the High Court Rules, 2021.
The third respondent abandoned the points in limine raised in its papers of opposition. I will therefore go into the merits of the matter. The applicant’s case is that he bought two pieces of land from Hayes Zimbabwe Private Limited and Rawson Properties on 18 June 2020, being stands 18017 and 18018 Tynwald Township of lot 12 Tynwald. After... More
This is a court application for leave to execute an order of this court in case number HC 5622/19 pending appeal.
The application is opposed by the respondents.
On 17 January 2020 the applicant obtained an order against the respondents in case number HC 5622/19 in the following terms;
“that;
1. The respondents return and deliver a new Terex J1160 Mobile Crushing Plant to the applicant within 7 (seven) days from the date of granting of this order.
2. Failure of which the Sheriff is hereby authorized to take all reasonable steps to ensure that the respondents complies with this... More
This is an application for an order of rei-vindicatio and alternative relief. I granted the relief sought in the main. The applicants draft order was worded as follows:
1. The respondents return and deliver the applicant’s Terex J1160 Crushing Plant to the applicant within 7 (seven) days from the date of granting of this order.
2. In the event that the plant is not delivered as aforesaid, the Sheriff is authorised to take all reasonable steps to ensure that the respondents comply with this order.
3. The respondents are jointly and severally liable for applicant’s costs on the ordinary scale. More
DUBE-BANDA J: This is a bail application pending trial. Applicants are jointly charged with two counts of robbery as defined in section 126 (1) (a) of the Criminal law (Codification and Reform) Act [Chapter 9:23]. It being alleged that, on the 26th day of April 2021, and at around 1800 hours, the complainant Thokozile Zororo (complainant) was inside the shop Mutetso Investment in the company of Mostaff Murombo and Muchaita Marodza preparing to knock off when the applicants in the company of their two accomplices who are still at large arrived and entered into the shop holding pistols. More
This is an appeal from the magistrate’s court. The lower court dismissed an application for rescission of judgment brought by the appellant. The appellant had filed that application in terms of s 34(2) of the Magistrate’s Court Act, (Chapter 7:10) (“the Act”). This is the provision that entitles any person affected by an order of the magistrate’s court authorising the messenger of court to seize and attach so much of the movable property of, or under the control of, a tenant and found on the rented premises and as may be sufficient to satisfy the amount of rent due and... More
The four applicants together with one Vusumuzi Reynold Dube who was granted bail by CHINAMORA J in case No. B 186/21 on 15 February, 2021 appeared before the magistrate at Bindura on 12 January, 2021 on allegations of having committed the offence of robbery in aggravating circumstances as defined in s 126 of the Criminal law (Codification and Reform ) Act, [Chapter 9:23]. It was alleged that on 20 December, 2020 the five accused connived to rob the complainant Daniel Chigwada of cash at his residence at Chigonda village, Chiweshe. The fourth applicant herein was the alleged mastermind who advised... More
The marauding highway robber has been dubbed the modern-day pirate. As with his yesteryear buccaneer counterpart, hismodus is to target travellers, particularly those he believes to be in possession of valuable items or cash and use brute force to wrest those items from them. In the case of the highway robber he specifically targets travellers whether on board a bus or those driving their own private motor vehicles. He then forcibly stops them or ambushes those that may have stopped for one or other reason before viciously attacking and robbing them, (not infrequently at gun point) of their belongings.From a... More
