Following a disciplinary hearing, this Tribunal on 15th April 2021 ordered that the applicant’s name be deleted from the register of legal practitioners, notaries public and conveyancers. The applicant now seeks the suspension of that order pending the determination of the appeal he noted with the Supreme Court. Such relief is provided for in s 29(3) of the Legal Practitioners Act [Chapter 27:07]. More
This is an appeal against the whole judgment of the Magistrate’s Court sitting at Mutare on 9 September 2020 where the Magistrate dismissed an application filed by the Appellant for Rescission of a default judgment.
The appeal is opposed.
FACTS
On 27 January 2020 the Respondent instituted summons against Appellant claiming $200 000-00 adultery damages. On 16 June 2020 Respondent applied for default judgment which was granted by the Provincial Magistrate. Appellant had been served through his wife on 18 February 2020. On 7 July 2020 a warrant of execution was issued in favour of the Respondent. More
This is an application for rescission of a default judgment in terms of r 63 and r 449 (1) of the High Court Rules, 1971.
The first applicant is a duly registered company in terms of the relevant laws of Zimbabwe in the business of providing hunting safaris. The second applicant is a legal practitioner practicing under Ncube Attorneys, a law firm situate in Bulawayo. He is the first applicant’s legal practitioner of record. The first respondent is a district council and a corporate body. It governs the affairs of Tsholotsho District. The second respondent is a body corporate that... More
Plaintiff is a private company that is involved in the transportation of commodities including fuel products. The defendant is an oil company which procures and imports fuels andis registered with the Zimbabwe Energy RegulatoryAuthority (hereinafter referred to as “ZERA”), as is required of fuel and petroleum procurers, by statute. The defendant’s activities are performed and regulated by ZERA and it has a bonded fuel facility at the National Oil Company of Zimbabwe (hereinafter NOIC) bonded facility in Msasa, Harare. More
The appellants have approached this court on an appeal against refusal of bail by the magistrates court. The appeal is opposed by the respondents.
The appellants were arraigned before the magistrates court facing allegations of unlawful dealing or possession of dangerous drugs as defined in s 156(1)(a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] in that they were arrested by police in possession of 60kg of dagga. Secondly appellants were charged with contravening s 25(2) of Statutory Instrument 10 of 21 in that the appellants were disregarding curfew regulations when they were apprehended at 2000 hours. More
In practice a judicial officer should resist the temptation to render a decision without satisfying himself or herself that such order is legally competent. This is particularly important in the magistrates court because magistrates court and magistrates do not have inherent powers. They can only exercise powers given by statute. In this case the magistrate sitting at Mutoko suspended warrants of arrest issued against the applicants at the instance of the High Court. This court had, through its Registrar in the exercise of a delegated judicial function, dismissed the applicants’ criminal appeals for want of prosecution and ordered their apprehension... More
Appellant was in respondent’s employ as a stock controller. For a charge under category SUB-STANDARD PERFORMANCE, Appellant was charged with and found guilty of negligence for which a penalty of dismissal was imposed.
The basis of the charge was that, on the 1st of July, 2019 while on day shift, appellant dispatched a Bindura bound truck with trailer number 6849 loaded with 18 pallets of Chibuku super yet the recorded out load was 17 pallets of Chibuku super. As a stockcontroller, appellant was supposed to physically check andverify the quantities in each and every truck that comes in and goes... More
