This is an application for bail pending trial. The applicant and five co-accused persons are facing 6 counts of armed robbery and contravening of section 126 of the Criminal Law Codification an Reform Act (Chapter 9:23). Applicant denies the allegations and avers that he has been wrongly implicated in this matter. The application for bail is opposed by the state. More
The applicant and the first respondent are allegedly siblings born to the late Timothy Chirimba, though applicant disputes that first respondent is indeed his father’s son. At the centre of the dispute is an immovable property, stand number 8577 Kuwadzana phase 3 (hereinafter called the property). It is common cause that Timothy Chirimba who died on 22 January 2005 was father to applicant, Letwin Chirimba and Joyce Chirimba. The first respondent claims that he was also a son to the late Timothy Chirimba but this is disputed by applicant. During his lifetime the late Timothy Chirimba was a cooperative member... More
The respondent instituted proceedings in the Magistrate Court for an order for the eviction of one Auxillia Muranga and all those claiming right or title through her from some residential premises situate in Masvingo, namely Stand No. 3415 Muchakata Close, Rujeko ‘A’, Masvingo (‘the property’), as well as holding over damages. The basis of the claim was that the respondent had purchased the said property in the wake of the winding up of the estate of the late Esau Tizirai Muranga and further that the property had since been registered in his name. A copy of the deed of transfer... More
The Applicant in this matter is the 1st Defendant in HC 6212/20. I will refer to the parties in this matter as they are appearing in HC 6212/20 for convenience. On the day of the commencement of the trial, the 1st Defendant indicated that it was desirous to amend its plea. This was after a reluctantly granted previous postponement at the instance of the 1st Defendant. More
Applicant is the registered proprietor of the Nissan Caravan under seizure. It’s a 2004 model which he purchased for US$3500. Sometime in December 2020 he was hired by Andrew Kaspara to ferry 160 cases of alcoholic beverages of Mozambican origin into Zimbabwe. Applicant was informed by Andrew Kaspara that the goods had been cleared, so he did not know that they were hot. On 23 December, 2020 the loaded motor vehicle was intercepted by Mutare Central Police Station details at Border Streams, Vumba area along the Zimbabwe-Mozambique borderline and both applicant and Andrew Kaspara were arrested for smuggling. Andrew Kaspara... More
On 22 September 2022, I heard the present application and after hearing submissions from the parties I made the following order:
“The matter is withdrawn and Case HC 694/22 is dismissed on account of the withdrawal.”
I have now been asked for the reasons for the said judgment. These are they.
The plaintiff issued summons against the defendants for payment of US$5 000 000.00 (Five Million United States Dollars) or its equivalent in Zimbabwean currency at the rate prevailing on the date of payment, interest on the amount calculated at the prescribed rate from the date of summons to the... More
Applicant has brought two combined applications which ordinarily should be filed separately. These are, a chamber application for condonation for the late filing of an application for the suspension of sale in execution of a dwelling and the actual application which has been brought in terms of r 71(14) which speaks to the suspension of the sale in execution of a dwelling. More
