On 25 July 2018 default judgment was granted in a matter between respondent and one Emely Charambira. Emely Charambirasubsequently passed on 21 December 2018. Applicant approached the court seeking condonation for late filing of an application for rescission of the default judgment on the basis that she was appointed executrix dative to the Estate of the late Emely Charumbira (the deceased). Condonation was granted on 16 March 2022. The present application was filed on 24 March 2022.
In her Founding Affidavit applicant gives the background of the matter as follows. On 12 April 1999 house number 8609 Mbare, Harare was... More
This is a court application for a declaratur in which the following order is sought;
“IT IS ORDERED THAT:
1. The application for a declaratory be and is hereby granted.
2. The certificate of heir issued in favour of Frank Mapuvire on the 1st day of October 1990 by the Chibi Community Court be and is hereby declare null and void. (sic)
3. The transfer of property from the Estate of Frank Mapuvire to Florence Mapuvire be and is hereby declared null and void,
4. The shop commonly known as Chamahota Store, the house commonly known as stand No. 110... More
The appellant was convicted by the Magistrates Court (the trial court) sitting at Harare of nine counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 4½ years imprisonment of which 1 year was suspended for a period of 5 years on appropriate conditions of good behavior. A further 2 years was suspended on condition that he restitutes the complainant, Webbles Shipping Company, in the sum of US$39 413.37, on or before 30 May 2014 through the Clerk of Court, Harare.
Aggrieved by this turn of events he... More
This is a partial appeal against the judgment of the Labour Court, (the court a quo) LC/H/2/19 dated 7 February 2019. The appeal is against the court a quo’s ruling on the question of citation of the parties and the arbitrator’s failure to award damages as an alternative to reinstatement. More
It is not sufficient for the state to make bold assertions that particular grounds for refusing bail exist. The assertions made by the state must be well grounded on the facts. Simply alleging that the accused may abscond, that the matter is serious, and that the accused may endanger the public or will interfere with witnesses without substantiating such allegations does not meet the threshold of compelling reasons for the denial of bail. The facts alleged in the Request for Remand Form 242 or the charge sheet must disclose a link between the accused and the alleged offence. Where several... More
The appellant was convicted on his own plea of guilty, of contravening s 157 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (unlawful possession or use of dangerous drugs). He was found in possession of 4.660 kg of dagga. He was sentenced to 36 months imprisonment of which 12 months imprisonment was suspended on conditions of good behaviour.
He has noted an appeal against sentence. The grounds of appeal are stated as follows:
“1. The Magistrate misdirected herself when she did not give specific and detailed reasons why community service was not imposed as the optional... More
This is an application for bail pending trial. The applicant is facing a charge of contravening section 45 (1) (b) as read with section 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in section 11 of the General Laws Amendment 5/2011. More
