This is an appeal against the judgment of the High Court dismissing an application for the rescission of an earlier judgment granted in favour of the fourth respondent in Case No. HC 1589/13. The application was dismissed with costs to be borne by the estate of the late Brian James Rhodes, of which estate the applicant (the appellant herein) is the executor dative. More
In presiding over matters, judicial officers are duly obliged to be impartial and ensure in all instances that justice is done. A magistrate presiding over a matter has to ensure fairness in conducting proceedings. Both procedural and substantive aspects pertaining to adjudication of matters have to be considered and adhered to. It cannot be said this obtained in this particular instance. More
This is an application seeking an order for the dismissal of case numbers HC 1230/19 and HC 3457/19 for want of prosecution. The application is in terms of rule 236 (3) (b) which provides that;
“(3) Where the respondent has filed a notice of opposition and an opposing affidavit and, within one monththereafter, the applicant has neither filed an answering affidavit nor set the matter down for hearing, therespondent, on notice to the applicant, may either—
(a) ………..
(b) make a chamber application to dismiss the matter for want of prosecution, and the judge may order thematter to be dismissed... More
The applicant is a company registered and operating in Zimbabwe and carrying on mining operations. The respondent is the Zimbabwe Revenue Authority (ZIMRA), an administrative authority established in terms of the Revenue Authority Act [Chapter 23.11] tasked with the obligation to collect taxes and other statutory dues and fees. The applicant holds in its possession some virgin land which it has held for over 30 years as an investment. The applicant has decided to start a new venture wherein it will develop this land and subdivide it into residential/housing stands. As the project to develop this new line of business... More
At the commencement of the hearing the counsel for the first respondent applied for condonation for late filing of its heads of argument. The counsel for the applicant also applied to amend his answering affidavit. Both applications were not opposed by either side and were duly granted. More
The appellant appeared before the Regional Magistrate for the Eastern Region sitting at Harare charged with six counts of rape involving four women. The allegations were that he raped four adult female members of his church during the period extending from 2015 to 2016. Counts one and two were reported by one Sarah Mhere, count three by Sarah Kadzere and counts four and five by Mercy Nhepura and count six by Evelyn Chinzou.According to the State the appellant raped the three women in counts 1 to 5 at his prayer house situated at stand 7937 New Canaan, Highfield. The sixth... More
: This is an urgent chamber application for an interdict against the 1st and 2nd Respondents, to forthwith stop the drilling and installation of a borehole at a certain piece of land situate in the District of Salisbury called Stand 16876 Salisbury Township, measuring 5 829 square metres (the property) pending a hearing and determination of the dispute between 1st Respondent and other co-owners of the property, as contemplated by the Notarial Deed giving rise to the undivided shares and exclusive rights of occupation in the said property, and/or the determination by a competent court of the dispute. More
