1. The Application for a declaratur to the effect that the 1-5th applicants and 3rd -18th respondents cannot hold valid elections or set or restructure the 2nd respondent’s structures on their own.
2. The ancillary relief is granted to the effect that:
2.1 The 1-5th applicants and 3rd-18th respondents be and are hereby directed to hold fresh elections, within 3 calendar months of receiving this court order, for all the elected positions of the 2nd respondent as provided for in terms of its constitution, and the elections would be organised, conducted and supervised by a team, set by the 1st... More
This is an urgent chamber application for stay of execution of an order sounding in money against the Applicant. The applicant is seeking the following order-
“TERMS OF THE FINAL ORDER SOUGHT
1. Application for stay of execution be and is hereby granted.
2. Seizure and attachment in execution by the 9th Respondent as a result of writs stamped by the Sheriff on the 16th June 2022 be and is hereby stayed until the Application for rescission of Default Judgment has been finalized.
3. Each party to bear its own costs. More
: The plaintiff and defendant were married in terms of the African Marriages Act [Cap 238, (now 5:07)] on 14 June 1989.
On 19 October 2011 that marriage was declared a nullity by this court at the instance of the plaintiff in case number HH264/11. The plaintiff had married defendant when he was already married to two other women, namely Constance Chasi and Rosaria Manjala in terms of the Marriages Act, [Cap 5:11]. In 1990 at plaintiff’s instance his marriage to Constance Chasi was annulled. He thus remained married to Rosaria and Defendant. At the time the marriage to defendant... More
Applicants filed a rei vindicatio claim against Respondent in respect of a motor vehicle, a Toyota Avensis registration number AFF 7889. They also sought an order authorizing the Sheriff to recover the said motor vehicle from the Respondent. Applicants also sought an order for the committal of Respondent to prison if he does not return the vehicle as ordered which committal would be until he delivers the motor vehicle or discloses its location. More
The plaintiff instituted summons against the defendants as far back as 2014 seeking the eviction of the defendants from room 10 at Cutty Sark hotel (the hotel) in Kariba and holding over damages equivalent to the rental of the room. The defendants’ defence is that they derive their right to stay in the plaintiff’s property as they are owed consultancy fees by the plaintiff. The defendants raised a counterclaim for payment of outstanding fees. More
This is a chamber application for condonation and extension of time within which to file an application for leave to note an appeal against the decision of the Supreme Court under judgment number SC 89/20. The instant application was made pursuant to r 35 of the Constitutional Court Rules 2016. The applicant craves the grant of his application, with no order as to costs. More
This is an appeal against both conviction and sentence. The appellant pleaded guilty to and was convicted of contravening S 60A (3) (b) of the Electricity Act [Chapter13:19], which penalises cutting, damaging, destruction of or interference with any apparatus for generating, transmitting, distributing or supplying electricity. He was sentenced to the mandatory minimum sentence of ten (10) years imprisonment after the Magistrates Court had found that there were no special circumstances which justified a penalty less than the minimum prescribed by statute. More
