On the 26th of July 2022, the parties appeared before me and made submissions on the preliminary points which had been raised by the 4th and 5th respondents. After hearing arguments from both sides, a judgment, number HH620/22, on the technical objections was subsequently delivered on the 15th of September the same year herein incorporated as part of this judgment. An application for leave to appeal was immediately noted in terms of the governing rules resulting in the filing of the same within the prescribed period. After several false starts the respondent opted to withdraw their application for leave to... More
The Plaintiff claims a default judgment for damages arising from an assault perpetrated by the Defendant on the her and consequential damages thereto totalling US$ 35 948.50. The matter appeared on the unopposed motion roll on 9 March 2022.
The Plaintiff pleaded that on or about 1 July 2020 and at Matanda Shopping Centre at Shamva the Defendant unlawfully assaulted her by hitting her with bricks, fist and booted feet as well as some unknown blunt objects. The assault took place in public. Upon his arrest and trial the Defendant was convicted and sentenced to a non- custodial sentence. More
: The plaintiff instituted an action against the defendants seeking an order for defamation damages in the sum of US$65 000. According to the plaintiff, the second defendant defamed her on 27 December 2021 through Whatsapp and on 6 June 2022 where the second defendant allegedly uttered defamatory words in the presence of church leaders. More
The applicants approached this court seeking an order that Deed of Transfer No. 8361/2008 pertaining to stand number 2558 Glen Lorne Township measuring 18, 2024 hectares (the property) registered in the name of Estate Late Michael Tapomwa be cancelled in terms of s 8 of the Deeds Registry Act [Cap 20:05] (The Act).They also seek that Deed of Transfer No. 6050/2006 dated 23 August 2006, pertaining to the property, registered in the name of the first applicant be revived in terms of s 8 (2)(a) of the Act. They also seek costs against the first, second, third, fourth and fifth... More
The Applicant approached this court by way of court application seeking a declaratory order in terms of Section 14 of the High Court Act [Chapter 7:06].The applicant’s draft order reads as follows:
“1. An application for Declaratory Order be and is hereby granted in favour of the Applicant in the following terms;
(a) Applicant be and is hereby declared the lawful holder of rights, title and interest in property known as stand number 6401 Retreat Waterfalls.
(b) Firstrespondent and all those in occupation through her at property known as No. 6412 Retreat waterfalls be and hereby are ordered to forthwith... More
This is an appeal against conviction and sentence. The appellant was convicted after a trial, of one count of theft of trust property as defined in s 113 (2) (d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 10 years imprisonment of which 3 years imprisonment was suspended for 5 years on condition that during that period he does not commit any offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. The effective period of imprisonment was 7 years. More
1. This is an appeal against the whole judgment of the High Court (court a quo). The suspension from office of the appellant led to a flurry of court applications in the court a quo. This is just one of them in which the court a quo dismissed the appellant’s application. The application was made in terms of s 4 of the Administrative Justice Act [Chapter 10:28] (‘the Act’) on the basis that the respondents had failed to comply with the provisions of s 3(1)(a) of the Act. More
