This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 1 December 2020 dismissing the appellant’s application for a declaratur.
Whilst in the midst of considering the judgment the appellant’s legal practitioners wrote a letter in October 2021 to the Registrar seeking audience with the court over proceedings in the court a quo and what they claimed to have discovered post the appeal hearing. Such communication was brought to our attention. Our concern was on the appropriateness of the procedure and purpose of such audience. In reaction the respondent’s legal practitioners... More
This is an application for condonation and extension of time within which to appeal against the decision of the Labour Court. The application is brought in terms of r 43(1) of the Supreme Court Rules, 2018 (the rules). More
This is an appeal and cross-appeal against parts of the judgment of the Special Court (for Income Tax Appeals) dated 11 October 2019 dismissing some of the appellant’s objections against the respondent’s amended assessments, and setting aside some of the respondent’s amended assessments. In this judgment I will refer to the appellant as the main appellant and the respondent as the cross appellant. More
In this court application the applicant seeks an order in the following terms;
“IT IS HEREBY ORDERED THAT:
1. The application be and is hereby granted.
2. The agreement of sale entered into by and between the applicant and the first respondent dated 3 September 2013 in respect of immovable property subdivision called stand 18102 Ruwa measuring 34 895 square metres situate in the District of Goromonzi be and is hereby declared and confirmed as valid, binding and enforceable. More
This is an application in which the applicant seeks a declaratur to be declared a legitimate beneficiary (per stirpes) in his late grandfather, Edward Nyanyiwa’s estate. He died on the 10th of February 2019. Terence Nyanyiwa, applicant’s father was a child of the late Edward Nyanyiwa, the latter whom he predeceased. Terence Nyanyiwa and Julia Ruzvidzo bore the applicant on the 22nd of December 1987. Both parents died when the applicant was still in primary school. At that time they had separated his mother having left his father some time in 1989. It is applicant’s assertion that throughout his entire... More
This is an application for bail pending trial. Applicant is being charged with two counts of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. In count one it being alleged that on the 15th March 2021,at about 1520 hours the applicant in the company of his accomplices went to number 5 Coleridge Road, Malindela, Bulawayo armed with a firearm, handcuffs and a knife. Upon arrival the applicant and his accomplices kidnapped two children who were playing outside the yard and dumped them at Ascot shopping centre, Bulawayo. They returned to the house... More
This is an appeal against the granting of an application for summary judgment against the appellant by the court below. Having issued summons against the now appellant as the defendant, and an appearance to defend having been entered, the respondent herein applied for summary judgment claiming arrear rentals in the sum of US$8800.00 or its equivalent in Zimbabwean dollars at the prevailing bank rate for the lease of No 18 Harrow Road Masasa, Harare. Also sought was the cancellation of the lease agreement and an eviction of the appellant and all those claiming occupation through them from No 18 Harrow... More
