This is an application made in terms of r 73 of the Supreme Court Rules, 2018 as read with r 29(a) (sic) of the High Court Rules, 2021 for the rescission of a judgment of this Court that was handed down in an appeal filed by the applicant under case number SC 443/21. After hearing the parties on 12 October 2022, we dismissed the application and indicated that full reasons for our decision would follow. What I provide hereunder are those reasons. More
This is an appeal against the entire judgement of the High Court sitting at Harare, handed down on 18 November 2021. The judgment dismissed with costs an urgent chamber application for an interdict restraining the first respondent from evicting the appellant, through the second respondent, from premises that she rented from the first respondent. At the hearing of the appeal, the appellant was in default, it being noted that according to the record before the court, she was aware of the date of set down of the appeal hearing. The appellant’s name having been called out as mandated by the... More
This is an appeal against the dismissal by the High Court of appellant’s claim to property placed under attachment in execution, being a piece of land situate in the district of Salisbury called Stand 262 Mount Pleasant Township 9 of Lot 50 Mount Pleasant, measuring 4144 square meters also known as No. 5 Westcott Road, Mount Pleasant, Harare. More
This is an appeal against conviction and sentence. The appellant pleaded not guilty to, but was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 years imprisonment of which two years imprisonment was suspended for five years on the usual condition of good behaviour, leaving an effective imprisonment term of 13 years. More
“IT IS DECLARED AND ORDERED THAT;
1. The applicant Robert Kagandi is a registered joint holder of mining rights, title and interests in the mining location which constitutes Coronation 2 Mine, Masvingo (registration number 5244) by virtue of being a member of Enfield Syndicate.
2. The applicant, Robert Kagandi has legal rights to conduct mining operations within the mining location named Coronation 2 Mine (registration number 5244) situated partly on Bruceham Farm (6 hectares) partly on Victoria Park Farm (1 hectare) approximately 137 metres Norton of Coronation School and approximately 500 metres North East of trig Beacon 475/T Re. Pegs... More
I heard this matter on 16 September 2021. I delivered an ex tempore judgment in which I:
(i) dismissed the defendant’s exception and directed the plaintiff to file and serve his amended summons and declaration upon the defendant within ten (10) working days of the date of this order;
(ii) dismissed the defendant’s special plea of prescription;
(iii) upheld the defendant’s special plea of res judicata only to the extent of the plaintiff’s claim for $ 50 000 and dismissed the same in respect of his claim for $ 30 000 – and
(iv) ordered that costs be in the... More
