The applicant was convicted by the regional magistrate at Harare on 15 March 2017 on two counts of attempted armed robbery “as defined in s 189 as read with s 126 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] and on one count of possession of a fire-arm without a fire arms certificate as defined in s 4(1) of the Fire arms Act, [Chapter 10:09]. The details of the two charges of armed robbery were that, on 14 January 2017, the accused whilst armed with a pistol which is the subject of the charge of unlawful possession of... More
This is an application for review seeking to set aside the decision by the 2nd respondent dismissing applicant’s application for discharge at the close of the State case and putting applicant to its defence. More
The applicant seeks a mandament van spolie against the respondent. Its draft order reads as follows:
“IT IS HEREBY ORDERED THAT:
1. The application for an order restoring the application to possession of number 750 Gaydon Road, Greystone Park, Harare succeeds.
2. The respondents and all those claiming occupation through it, are ordered to immediately vacate the premises at number 750 Gaydon Road, Greystone Park, Harare.
3. In the event that the respondents do not vacate the premises within twenty-four hours of this order, the sheriff of this court is hereby authorized to give effect to this order by evicting... More
An application for default judgment under Order 9 Rule 57 of the High Court Rules, 1971 does not ordinarily prompt a written judgment. The nature of the relief sought, for which Rule 57 is invoked is such that a Judge should not over ruminate on whether or not the claim is one for a debt or liquidated demand. It must appear ex facie the summons, declaration with any supporting documents that it is a claim for a debt or liquidated demand. The extraordinary circumstances of this matter have impelled me to render a judgment nevertheless. The plaintiff is a law... More
This is an urgent chamber application for a spoliation order. At the hearing, the applicant applied for an amendment to the order sought in its draft order which was granted. Having struck out the interim relief, the terms of the final order sought are now as follows;
“The application for spoliation be and is hereby granted. The status quo ante before the spoliation is restored and the 1st respondent and anyone acting, through them be and is hereby ordered to remove its fence over and to vacate the mining claim described as Mutaki, 10 Hectares Block, Goromonzi under Certificate of... More
This is an urgent chamber application which had been set down for hearing on 22 July 2021. Due to Practice Direction 6 of 2021 addressing COVID-19 Prevention and Containment, the hearing was cancelled and the matter is to be determined on the papers. Both parties filed their pleadings. More
The respondent is a holder of a 99 year lease agreement in respect of Maketo Farm also known as subdivision 23 of Battle Fields. The three applicants who are Nyasha Makumbe, Ernest Zimunu and Willard Muchemenye individually entered into 20 year lease agreements with the respondent in 2018 and 2019. More
