The year was 2016. Conditions were ripe, according to the Judicial Service Commission(the 1st respondent), for the appointment of four additional judges to the Supreme Court to meet the manpower demands of that bench. Acting therefore in terms of Section 180 of the Constitution, the 1st respondent flighted advertisements in the print media announcing the existence such vacancies and inviting nominations from the President (the 2nd Respondent) and members of the public with a view thereafter to conducting public interviews to fill those vacant positions. More
The facts of this matter are rather unusual. The plaintiff and the defendant were firstly married in 1996 in terms of the Marriage Act (Chapter 5;11). The marriage was blessed with three children namely; Johnson Moyo (male) (born on 4 February 1991), Ndumiso Moyo (male) (born on 22 November 1994) and Nobukhosi Moyo (female) (born 22 October 1999). During the subsistence of the marriage the parties acquired two immovable properties, being Stand number 72173 Lobengula West, Bulawayo and Stand 14584 Ihlosi Road, Selbourne Park, Bulawayo. In the course of the marriage the defendant left for the United Kingdom where he... More
This is a chamber application for condonation for late filing of an application for review. I dismissed the application in an ex-tempore judgment after hearing from the parties. The parties have not asked for written reasons but I decided to provide them in anticipation of such a request.
Rule 62 (4) provides that:
“Any proceedings by way of review shall be instituted within eight weeks of the termination of the suit, action or proceedings in which the irregularity or illegality complained of is alleged to have occurred.” More
This is a claim for divorce and ancillary relief. At a pre-trial conference the parties agreed that their marriage has irretrievably broken down and that it cannot be salvaged. They however, failed to resolve the issue of a Mercedes Benz motor vehicle registration number ADH 7024 and the immovable property known as stand 1724 Emganwini in Bulawayo. The parties were married to each other in terms of the Marriages Act Chapter 37 on the 20th of October 1989. At the time of divorce there are no minor children born of the marriage, all children are majors. More
1. This is an application for bail pending appeal against conviction and sentence. The applicants together with another person who is not part of this application were arraigned before the Magistrates’ Court sitting at Beitbridge. They were charged with eight counts of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. They were convicted and each sentenced to thirty months imprisonment with six months suspended for five years on the usual conditions and a further eight months suspended on condition of restitution. More
The Plaintiff, in his capacity as the Executor Testamentary of the Estate of the late Richard Alwin Matthews issued Summons out of this court against the Defendant claiming payment of a sum of US$16 149-42 being a loan advanced by the now deceased during his lifetime to the Defendant, plus interest thereon at the prescribed rate from the date of service of summons to date of the full and final payment plus costs of suit on a legal practitioner and client scale. More
