This is an application made in terms of s 14 of the High Court Act [Chapter 7:06] wherein the applicant is seeking an order declaring him the lawful holder of an offer letter and accordingly entitled to occupy a certain farm (“the farm”)otherwise known as Subdivision B of Kashao, and an eviction of Winray Estates (Pvt) Limited from the said farm and any other person claiming occupation through them. More
1. This is an application for bail pending trial. The applicants is charged with the crime of robbery as defined in section 126 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on 4 October 2022 at about 0600 hours, the applicant and accomplices some already accounted for and others still at large hatched a plan to rob a security company which transports gold from How Mine to Fidelity Printers. They were armed with rifles and pistols, forced the security guards out of the vehicles, disarmed them and forced them to lie down. Thereafter... More
On 20 October 2022, I delivered the ex tempore judgment for interdict against the respondents. Essentially, the terms of the order are as prayed for in the Draft Order with the exception of two amendments effected to the relief sought. The first amendment was with respect to costs which I awarded against the respondents on an ordinary scale. The second amendment was to the effect that any attempt to access or use the property in question by the second to the fourth respondents must be with the consent of the applicant. The second to the fourth respondents subsequently requested for... More
This is a court application for eviction of the respondent and all those claiming occupation through him from applicant’s premises being described as Chizinga Assembly, Chizinga Shopping Centre, Mhondoro which premises the respondent is in unlawful occupation and possession.
Historically and at all material times, applicant was the owner and remains the owner of a mission house and church building at Chizinga Assembly, Chizinga Shopping Centre, Mhondoro. Sometime in 2018 the church faced a leadership dispute which resulted in a legal battle between two factions. During this period the church witnessed a split which saw most of the Pastors either... More
Having obtained a spoliation order on the 10th of November2021 under HC 5549/21against dispossession of church premises by the respondent, the applicant sought leave to execute pending an appeal that has been lodged by the respondent against the granting of that order. The matter was set for hearing on the25th ofNovember2021 when the respondent requested to formally file a point in limine for consideration regarding referral of the matter to the Constitutional Court in terms ofs175(4) of the Constitution of Zimbabwe 2013.The request to file a formal application for consideration of referral of the matter to the Constitutional Court was... More
The applicant in this matter initially filed an urgent application under case number HC 1787/21. The urgent application was opposed. Under HB 272-21, DUBE-BANDA J held that the matter was not urgent as contemplated in Rule 60 of the High Court Rules 2021. The application was struck off the roll of urgent matters with no order as to costs. More
The appellant appeared before a Regional Magistrate at Tredgold, Bulawayo on the 31st January 2019 facing a charge of contravening section 60A (1) of the Electricity Amendment Act, No. 12/07, that is to say, cut, damage, interfere with equipment to generate, supply and distribute electricity. The matter went to a full trial. Appellant was convicted and sentenced to a mandatory 10 years imprisonment.
Dissatisfied with the conviction and sentence appellant noted an appealwith this court. More
