This is an application brought in terms of s 4 of the Administrative Justice Act [Chapter 10.23] (the Act) for the setting aside of the vote of no confidence against the applicant as conference lay leader of the first respondent (The Zimbabwe East Annual Conference of the United Methodist Church of Zimbabwe) which was conducted by the first respondent and presided over by the second respondent (Bishop Eben Kanukayi Nhiwatiwa). The application is brought on the basis that the vote of no confidence was unlawful and was conducted in a procedurally irregular manner contrary to the first respondent’s duty to... More
TSANGA J: This is an application in which the applicant seeks to remove the first and second respondents as executors and testamentary trustees of the estate of the late Ernest Leonard Bulle who died in 1996. He also seeks the revocation of their letters of administration granted by the Master cited herein who is the third respondent. The applicant additionally seeks that the Master appoints two new executors to administer the estate.
2. The parties initially appeared before me for a hearing on the 29th of November 2021. At that hearing, a request was made to postpone the matter in... More
A plaintiff is required to plead his /her claim in terms that are lucid, logical and intelligible. A plaintiff must only plead the facta probanda and not the facta probantia. A plaintiff does not need to plead evidence or the law. The defendant is not entitled to an abridged version of the plaintiff’s evidence. The defendant is only entitled to such information as would enable them to respond to plaintiff’s claims. An exception based on the lack of a cause of action in the plaintiff’s claims must establish that there are no facts pleaded that can be sustained even if... More
The applicant appeared before a Magistrate at Bulawayo on the 1st of September 2022 facing 3 counts of rape as defined in section 65 (1) (a) (b) of the Criminal Law Codification and Reform Act (Chapter 9:23) and one count of escape from lawful custody as defined in section 185 (1) (a) of the Criminal Code. Applicant was remanded in custody and is currently incarcerated at Khami Prison awaiting trial. Applicant applies for bail pending trial and contends that he is a suitable candidate for bail. The application is opposed by the state on two principal grounds. The state avers... More
In this matter applicants filed an Urgent Chamber Application in terms of which they applied for a stay of execution of a default judgment pending determination of the applicants’ application for rescission of judgment. At the hearing of the application I ruled ex tempore that the matter was not urgent and removed it from the roll of Urgent Applications. The following are detailed reasons for the judgement:-According to applicants’ application the default judgment the subject of their application for rescission of judgment was granted by the High Court at the Pre-Trial Conference held on the 29 March 2022 under case... More
After hearing argument in this application for summary judgment I granted the application. I gave my reasons in an ex tempore judgment. I have not been asked for written reasons but decided to give them, nonetheless. More
