This is an application for bail pending trial. The applicant is in custody pending trial for murder as defined in section 47 of the Criminal Law (Codification and Reform) Act Chapter 9:23. There are three accused persons who are jointly charged with the applicant. The allegations are that on 20 August 2020 at ARDA Balu Estate, Umguza main gate the accused persons who were armed with machetes and axes approached the deceased EnerstDube and Ashely Manyemba security guards on duty. They struck the now deceased with axes and machetes all over the body and he died on the spot. The... More
This is an application for condonation and extension of time within which to file an appeal out of time. The application is opposed by the respondents on several grounds. Respondents aver that the application for condonation is defective for non-compliance with the rules of this court. Applicant has not sought to seek the indulgence of this court to amend the application but urged the court to deal with the writs of the application rather than deal with the issue of the defective form. In this regard applicant contends that no prejudice will be occasioned by the defective form since the... More
This is an appeal against the decision of the magistrate’scourt sitting at Harare on 23 February 2022. Defendant, who was the plaintiff in the lower court, issued out summons against the appellant seeking 50% share of stand number 1992 Granary Park, its development and 10 000 loose bricks thereon and costs of suit on a legal practitioner and client scale. She claimed that the property was jointly acquired. After the filing of pleadings, the matter was referred to trial on the following issues; -
1. Whether the parties were in a tacit universal partnership
2. Whether the plaintiff made any... More
The brief background to the matter is this: - The applicant was staying with the late Memory Ngwenya who died on 18th July 2021. The applicant’s status as regards his relationship with the late Memory is a bone of contention between him and the late Memory’s family. Following Memory’s death, the 1st respondent was appointed as the executrix dative by the 2nd respondent. The date of appointment was not clear but it was said to be either September or November 2021. More
The plaintiff applies for summary judgment. She seeks the defendant’s eviction from a certain property situate No 67 Guildford Estate Township, Borrowdale Harare (“the property”). The property is registered in the name of the plaintiff. She bought it at a judicial sale conducted by the Sheriff. This was following a judgment of this court in HC 11601-17. That judgment pitted one Desmond Muchina (“Muchina”) as the judgment creditor, against one Godfrey Munyamana (“Munyamana”) and his estate agency firm, or alter ego, Sparkles Services (Pvt) Ltd (“Sparkles”), as the judgment debtors. At all material times, the property had been registered in... More
This is an appeal against conviction and sentences imposed on the appellants on a charge of obstructing or endangering the free movement of persons or traffic as defined in s 38(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] ( the Criminal Law Code).
2. Each appellant was sentenced to 6 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual condition of good behaviour.
3. The trial court found that the first, second, third and fifth appellants had acted in common purpose with those demonstrators who, in Mvurwi Town, had unlawfully and... More
This urgent chamber application for stay of execution of the judgment in case number HC 5340/22 pending application for rescission of default judgment under case number HC 7083/22 was placed before me on a certificate of urgency.
Briefly, the first respondent who was the applicant in case HC 5340/22 filed an ex parte chamber application for an attachment of property to found jurisdiction with this Honourable Court on 12 August 2022 which was not brought to the attention of the applicant. The ex parte application was technically granted in default on 13 September 2022. It was made against Toyin Traders... More
