This is an application to compel a cession of rights, title and interests in Stand 7612 Kwekwe Township to the second applicant, Brainchild Properties (Private) Limited (Brainchild) by the first respondent Brenan James Michael De Bruyn (Mr De Bruyn) and the second respondent Advance Africa Holdings (Private Limited) (Advance Africa). The third respondent, the City of Kwekwe is cited in its capacity as the local authority where the property is situated and whose consent is required. More
We summarise the facts giving rise to this application from the two applications that were filed in the High Court under case numbers HC 2128/21 and HC 2166/21, respectively. The facts are not complex.
The facts of this application coalesce, and relevantly so, around 15 May 2021 when the Chief Justice, Judge Malaba, reached the age of seventy. A few days before that date, on 7 May 2021 to be precise, the Constitution of Zimbabwe Amendment (No. 2) Act (No. 2 of 2021) came into force. Among other provisions, it amended s 186 of the Constitution to provide for the... More
At the close of the case for the plaintiff, the defendants moved an application for absolution from the instance, alleging that for reasons to be adverted below, the plaintiff had failed to make a case requiring the defendants to be placed on their defence. In this case, plaintiff sued out a summons against the 1st and 2nd defendants, praying for the following orders:
a. Eviction of defendants from stand 19260 of stand 14908 Borrowdale, otherwise known as Borrowdale Race Course;
b. Arrears for rent, electricity, water and rates in the sum of US$155 726-33;
c. Holding over damages in the... More
This appeal was against the granting of an interdict by the lower court whereby the appellant, Masimba Charity Huni Fuels Private Limited (hereinafter referred to as “the appellant”) was interdicted from occupying or effecting any form of development and constructing at stands numbers 1497, 1498 1499, 1500 and 1501, Nyazura Township, Nyazura. The stands in question had been allocated and sold to the first respondent Nathan Amos Kadurira by the second respondent Makoni Rural District Council (hereinafter referred to as “the Council”) in compensation for land that had been taken from him after reallocation to another party. The appellant was... More
Applicant seeks a declaratory order against the respondents. The relief sought is aptly set out in the draft and reads as follows:
“IT IS ORDERED THAT:-
1. Application for a Declaratory order be and is hereby granted.
2. The disqualification of Applicant’s bid by the second Respondent be and is hereby declared erroneous and is set aside.
3. The Applicant be and is hereby declared the Highest Bidder and the rightful purchaser of the property commonly known as stand number 10138 White Cliff South Harare.
4. The 3rd Respondent be and is hereby directed to sign all transfer documents of... More
This is an appeal against refusal of bail.
The appellant is appearing at the Regional Court in Harare (sitting as a Designated Anti-Corruption Court) charged with the crime of extortion as defined in s 134(1)(a) of the Criminal Law (Codification & Reform) Act [Chapter 9:23] “The Code”. Also preferred against him is the alternative charge of bribery as defined in s 170 of the Code.
He is jointly charged with one Patrick Badza “Badza”. More
This matter was placed before me on 22 March 2021for review with a cover note raising a procedural issue in the way the trial Magistrate canvassed the essential elements during the proceedings. More
