This is an appeal that was brought to me via the chamber book. I dealt with the matter in chambers and dismissed the application for lack of prospects of success on appeal. More
The background facts to this application are these: - The applicant is said to be the owner of a farm, known as Lot 1 of Lot 4 AB Nuanetsi Ranch A, purchased by a Mr Carl Bradfield from Mutirikwi Sugar Company Private Ltd and held under a Certified of Registered Title “CRT” 4515/2000. The farm was purchased in 1989 and the directors of the applicant and its employees have been in peaceful and undisturbed occupation thereat, carrying out farming activities. In July 2017 the 1st respondent arrived at the farm brandishing an offer letter which gave him subdivision 12 of... More
On 4 August, 2022, Applicant filed an urgent chamber application for spoliation and interim interdict. The founding affidavit was deposed to by the director of the applicant, Ariginero Muzeya (Muzeya). He gave the following factual background. Applicant and the landlord entered into a lease agreement in 2002 for shop number 4 at Patrick Court in which a Sports Bar was operated. Business and popularity increased and space became an issue. In 2014 they entered into an addendum to the lease agreement whereby applicant leased shop number 5 as well. The two shops were combined into one sports bar.Everything was going... More
This is an application for bail pending trial. Applicant is being charged with the crime of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23].It being alleged that on the 25th November 2021, using fire arms applicant and some accomplices robbed a cash in transit Fawcet Security vehicle travelling from Bulawayo to Harare. It is contended that US$305 290.00, three cell phones with buddie and net one lines, CZ pistol HO8 with a magazine of six rounds valued at USD$450 00 were stolen during the robbery. More
The applicant approached this court on a certificate of urgency for a stay of execution in terms of r 60(6) of the High Court Rules, 2021. The relief sought reads as follows:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a Final Order should not be made in the following terms:
1. Application for stay of execution pending determination of the Application for Rescission of default judgment be and is hereby granted.
2. 1st Respondent to pay costs of suit.
INTERIM RELIEF GRANTED
Pending determination of this matter on the return day, the Applicant... More
The events leading to his arrest as captured in the papers filed of record are the following. Part of applicant’s responsibilities as a security guard in the employ of the complainant company include among others driving a “cash in transit van”. On the fateful day, the 25th of November 2021, he was the driver of one such vehicle namely an Isuzu van en route from Bulawayo to Harare. His co-crew consisted of three other fellow employees namely Thomas Chisambadzi, Langelilile Moyo and Emmanuel Nhamo. Their mission being to safely deliver the aforementioned sum of money to Harare. For reasons that... More
Introduction
1. This is an application for rescission of judgement. The order sought to be rescinded was granted by consentin case number HC 1981/18 on the 23rd August 2018. In this application applicant seeks an order couched as follows:
i. The application for rescission of an order by consent be and is hereby granted.
ii. The divorce order by consent granted on the 23rd August 2018, under case number HC 1981/18 be and is hereby rescinded in as far as the property sharing is concerned.
iii. The respondent be and is hereby ordered to pay costs on a legal practitioner... More
