On 18 November 2021, the appellant’s appeal against eviction from property known as Stand No. 11740A Harare Road, Mbare was dismissed. The judgment was given ex tempo. The appellant has appealed to the Supreme Court against the dismissal of his appeal and has requested the full reasons for dismissal in writing. More
The applicant and the first respondent are both in possession of Lease agreements entered into with the fourth respondents, over the same piece of property. Both claim that they have certain rights and interests over the property emanating from the lease agreements. The second to the fourth respondents have not filed any opposing papers nor did they attend the hearing. It is the representative of the fourth respondent who, by way of a letter dated the 11th of September, 2020, addressed to the Registrar of this court saidthat they are not opposed to the order being sought.
Initially this was... More
On 14 June 2022 violence of significant proportions erupted in an area called Nyatsime in Chitungwiza. The disturbances allegedly left a trail of destruction. Houses were stoned, their windows were broken, some buildings were razed to the ground, shops were looted, motor vehicles were damaged whilst ordinary citizens were assaulted. In total it is alleged that properties and houses for about 53 families were damaged. More
This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of Section 82(1) of the Parks and Wildlife Act 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in Section 11 of the General Law Amendment 5/2011 “possession of raw unmarked or unregistered ivory. The applicant denies the charges and contends that he is a proper candidate for bail. The State opposes this application. More
At the conclusion of the trial on 18 October 2022, counsels agreed to file written heads of argument. Mr Zenda undertook to file heads on behalf of the plaintiff by 24 October 2022 and he complied with his undertaking. Mr Mahuni undertook to file heads on behalf of the defendant by 28 October 2022. At the time of writing this judgment on 1 November 2022 no such heads were filed neither was there any explanation for such failure from Mr Mahuni. The court can only express its displeasure at such failure but nevertheless proceed to prepare its judgment. More
At the end of the hearing of this appeal we gave an ex tempore judgment wherein we dismissed the appeal with costs. We have now been requested to issue full reasons for the said judgment.
Here are our reasons. The respondent instituted proceedings in the Magistrates Court to evict the respondents from Tokwe Grange Farm.
According to the founding affidavit the respondent avers as follows:
He is the owner of Tokwe Grange Farm, Masvingo (hereinafter called the farm). He bought it from Tokwe Grange Commercial Centre in 1996. Thereafter he was handed over the title deeds for the same farm.... More
BACHI MZAWAZI J: On the 28th of November 2019 applicant and the first respondent entered into an agreement of sale of a motor vehicle, Land Rover Discovery Engine number 03255292276DT, Chassis number SALLAAA138A491750 for the sum of US$10 000,00, United States ten thousand dollars. The vehicle in question, is alleged to have been imported by the second respondent and given to the first respondent to sale on his behalf. At the conclusion of the sale transaction, delivery of the vehicle itself, the ignition keys alongside the accompanying original documents consisting of the Customs clearance certificate, declaration and Customs payment receipts... More
