At the onset of this appeal the appellant employee sought to amend his relief which he felt he had worked badly. He also sought to have the court impugn what he
styled the belatedly filed Heads of Argument by the respondent employer. It is only these two issues which are addressed by this judgment. More
On 25 November 2021 I dismissed the applicants’ application for bail pending trial based on changed circumstances. I gave my reasons for that decision in court.
On 10 December 2021 applicants wrote to the Deputy Registrar requesting reasons for judgment unfortunately the applicants legal practitioners cited a wrong case number. The applicants’ legal practitioner wrote a follow up letter to the Deputy Registrar on 14 January 2022. I was given this record today at 1600 hours for my attention. More
What the applicant seeks by way of default judgment is an order removing the 1st respondent as the Executor Dative of the estate of the late Obert Mhere and a raft of other ancillary relief stemming from or associated with such removal. To put matters into perspective a brief background as same can be gathered from a perusal of documents filed of record will suffice. The late Obert Mhere died on 8 January 2007. He was survived by his wife Sinikiwe Mariva and four children namely, Tatenda Mhere (the applicant), Ratidzo Tapiwanashe Mhere, Charles Mhere and Nobert Mhere. His estate... More
This application was placed before me on 14 July 2022. After perusing the record, a number of issues were of concern to me.
The draft order reads:
“IT IS ORDERED THAT:
1. The application for contempt of Courtis hereby granted.
2. The respondent is and hereby declared to be guilty of contempt of Court.
3. The respondent is and hereby sentenced to 90 days imprisonment the whole of which is suspended on condition that the respondent complies with the order of this Court under HC 5990/21.
4. The Sheriff of the High Court or his Lawful deputy be and hereby... More
This is an appeal against conviction on six counts of unlawful entry into premises as defined in s 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The appellant was sentenced to 5 years imprisonment on each count. Of the total 30 years imprisonment 2 years imprisonment was suspended for 5 years on the usual condition of good behaviour. A further 8 years imprisonment was suspended on condition of restitution. The appellant’s motor vehicle was forfeited to the state. More
MAWADZE J: In this appeal the appellants have literally thrown the proverbial kitchen sink at the court as it were. All manner of issues have been raised.
The appeal is against both the conviction and the sentence. Both appellants were convicted on their pleas of guilty at Masvingo Magistrates Court on 6 March, 2021 for contravening section 368(2) of the Mines and Minerals, Act [Cap 21:05]. In the street parlance this offence is sometimes referred to as “gold panning”.
Each appellant was sentenced to 2 years imprisonment after a finding was made that there were no special circumstances in the... More
This is an urgent chamber application where the Applicant is seeking an order in the interim to the effect that the first to the third respondents be interdicted from advertising and disposing Stand 357 of Willowvale Township of Stand 460 of Willowvale Township situate in the District of Salisbury by private bid auction or any other means pending the finalization of this application. On the return date, the applicant will be seeking an order declaring that the first to third respondents are bound by the contract the applicant entered into with them the effect of which would be that the... More
