The appellant appeared before a Magistrate sitting at Esigodini on the 28th June 2019. She was charged and convicted with the offence of unlawful possession of dangerous drugs as defined in section 157 (1) (a) of the Criminal Law (Codification & Reform) Act (Chapter 9:23). Appellant was sentenced to 36 months imprisonment of which 12 months was suspended on condition of future good conduct. More
This is an application for review of the conduct of the First Respondent. Elfigio Zemba (the deceased) died intestate on 8 October 2020. On 18 December 2020, First Respondent convened an edict meeting at his offices for the administration of the deceased’s estate. Deceased’s relatives disputed that deceased was married and that Applicant and Third Respondent were the surviving spouses. Fourth Respondent is deceased’s child by his first wife. Applicant said that First Respondent directed that the concerned parties approach the Magistrates Court for a determination of whether or not there were surviving spouses. On 29 March 2021 a magistrate... More
The accused was convicted on his plea of guilty on two counts under the Road Traffic Act (Chapter 13:11)‘the Act’ for driving without a driver’s licence and negligent driving in contravention of s6 (1) (a) and s52 (2) of the Act respectively. On the first count he was sentenced to pay a fine of $30 000.00 in default of payment 3 months imprisonment. In addition 5 months imprisonment was wholly suspended for five years on the usual conditions. The accused was also prohibited from driving all classes of vehicles for five years. More
The case came before me as a civil trial. At the close of the plaintiff’s case, the defendant advised the court that it wished to make an application for absolution from the instancein terms Rule 56(6) of the High Court Rules 2021. In this respect, the defendant asked the court to allow him to make written submissions in support of the said application, resulting in the court giving the parties timelines within which to file their respective submissions. The plaintiff opposed the application for reasons I will fully canvas in this judgement. It is imperative to give a background to... More
The dispute revolves around an agreement of sale of an immovable property which was signed by the parties sometime in 2017. First respondent is a former employee of the applicant. Second respondent is the wife of the first respondent. First respondent was retrenched around 2017. Prior to the retrenchment, the applicant had advanced a loan to the first respondent. At the time of his retrenchment, the first respondent owed the applicant about US$492,000.00. The respondents signed an agreement for the sale of their property to the applicant in satisfaction of the outstanding loan amount. The parties also signed a loan... More
This is an old matter in which summons was issued in September 2018. The pre-trial conference was finalized in April 2021. The matter was set down for trial on 23 November 2021. The matter was on that date postponed to 15 February 2022 by consent. On 15 February 2012 the plaintiff’s co-counsel Ms Mabwe applied for a postponement on the basis that the plaintiffs needed to deal with a notice to amend plea which was raised by counsels for and on behalf of the 1st and 2nd defendants. The proposed amendment raised two issuesof law, firstly that the plaintiff has... More
This is an urgent chamber application for an interim order to bar the respondents from carrying out and/or continuing their unlawful joint operation to demolish illegal structures in the Chitungwiza and Harare areas. The final order seeks a declaratur to the effect that the intended demolitions are unlawful for failure to obtain the necessary legal requirements to undertake the contemplated actions. More
