This is a contested application for a declaratory order brought in terms of s 14 of the High Court Act[Chapter 7:06] wherein applicant seeks the following relief:
WHEREUOPN, after reading documents filed or record and hearing counsel More
This is yet another crime arising from endless disputes over ownership of mines.
The applicant owns a mine known as Cake Walk 8 while D & S Syndicate own and operate Cake Walk 2 Mine. The two mines are separated by a fifty (50) metre stretch of no man’s land. There was a dispute between D & S Syndicate and applicant over ownership of Cake Walk 2 Mine. It is common cause that Cake Walk 2 Mine was invaded by a mob armed with axes, pick handles and crow bars. The mob was in a combative mood shouting words to... More
The Applicant’s case was that on the date his application for reinstatement of his application was dismissed, he together with his legal practitioner of choice did not attend court. The reason for non-attendance was that his legal practitioner a Mr Chikono had misdiarised the court date and advised his client, now the Applicant that the case was to be heard on 28 June 2021 instead of 22 June 2021.
Applicant visited the court on 26 June 2021 to check if the matter was on the court roll for 28 June 2021. He could not locate his name which led him... More
Applicants aver that labouring under a number of “boo-boos”, the court issued a judgment in their absence in a matter affecting their interests. In that respect, applicants have moved the court to set aside that 2 February 2020 judgment (per PHIRI J), in terms of rule 29 of the High Court Rules 2021 (the successor to r 449 in the old High Court Rules 1971). This rule permits a party to approach the court in circumstances where a judgment was erroneously granted, in its absence and in a matter affecting that party`s interests. Determination of this matter hinges in the... More
This matter was filed as an urgent chamber application on 29 October 2021. The applicant was seeking the following provisional order:
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. The applicant’s possession, use and occupation of Plot No.9 Carrisbrooke Farm, Seke District, Mashonaland East, be and is hereby declared to be lawful.
2. The first respondent and all those acting through her, be and are hereby barred from interfering, occupation or use in any manner of Plot No.9 Carrisbrooke Farm, Seke District,... More
This is an urgent application wherein applicant seeks the following interim relief:
Pending the confirmation of this provisional order, applicants be and are hereby granted the following relief:
3.1 The 1st and 2nd respondents be and are hereby directed not to proceed with the removal and eviction of applicant, claiming occupation through him and their goods from Plot number 11 of Black Waters Farm.
3.2 The notice of removal served upon the applicant on the 11th of April 2022 be and is hereby suspended.
3.3 In the event that at the time of granting this order, applicant, those claiming occupation... More
The applicant appeared before the Magistrate sitting at Chinhoyi Court charged jointly with six other accused persons facing three counts of robbery and one count of theft from a motor vehicle in contravention of s126 (1) (a) and s113 of the Criminal Law (Codification and Reform Act ), [Chapter 9:23] respectively. The applicant was acquitted on the first count and convicted on two counts of robbery and theft from a motor vehicle. The applicant was cited as the seventh accused person. More
