This is an appeal against the decision of a Magistrate refusing the appellant bail pending trial. The applicant faces a charge of stocktheft as defined in section 114 of the Code.
The first ground of appeal is that the learned Magistrate misdirected herself in finding that there were compelling reasons to deny applicant bail due to speculations and unfounded beliefs that if he is released on bail, he is likely to be harmed by the Gwanda Community. The 2nd ground of appeal is that the learned Magistrate misdirected herself by disregarding the fact that applicant is presumed innocent until proven... More
: This is an application in which the applicant seeks a provisional order on the following terms – the interim relief as sought reads:
“That pending the determination of this matter the applicants are granted the following relief:
(a) The first respondent is barred from holding out as a holder of a 50% undivided share in a certain piece of land in Hartley called Swallow field of Johannesburg measuring 127.6238 hectares held under deed of transfer number DT 5157/99 pending the return date and finalisation of this matter.
(b) The first respondent is barred from unilaterally dealing in a certain... More
This is an application for absolution from the instance.
Tendai Madungwe (hereinafter called the deceased) died from injuries sustained in a bus accident that occurred at the 257 kilometer peg along Harare Chirundu Road. She is at the centre of this trial. First Plaintiff is deceased’s husband while second to sixth Plaintiff are children born of deceased and first Plaintiff. Defendant is a bus company which owns the bus which was involved in an accident that resulted in deceased’s death.
Two issues were referred for trial namely:
1. Whether or not defendant’s driver negligently caused the accident
2. Whether or... More
I dealt with this matter in chambers and dismissed the application on 30th of September 2015. The reason was that the appeal had no prospects of success.
Applicant has requested for detailed reasons and here are they.
The applicant filed a notice of appeal which espoused the following grounds.
1. It is respectfully submitted that applicant filed his appeal within the stipulated regulatory period, however prison authorities responsible for the conveying of the papers delayed the process. There are no issues with the reasons for the delay.
2. It is respectfully submitted that applicant’s conviction in the court a quo... More
This is an application for the confirmation of a provisional order granted by this court on 4May 2022 for the provisional liquidation of the first respondent MANGENJE BROTHERS (PRIVATE) LTD. More
On 25 February 2022, this Court issued an Order in favour of the first Respondent to the effect that:
1 “Provisional sentence in the sum of US$295,102-00 be and is hereby granted
2 Defendant shall pay interest on the sum of US$295,102-00 at the prescribed rate reckoned
from 17 April 2021 to date of payment in full.
3 Defendant shall pay collection commission in terms of the Law Society of Zimbabwe
By Laws.”
It is this order that eventually gave rise to the current application. Applicant has approached this Court on an urgent basis seeking the following:
“TERMS OF FINAL... More
The parties appeared before me for a Pre-Trial Conference. The facts in this case are mostly common cause. All the parties are related. The plaintiff is the father of the defendants. The plaintiff’s late wife is the mother to the defendants. The plaintiff is the Executor Dative and also a beneficiary to the Estate of Nyembesi Kapungu. All defendants are also beneficiaries. At the center of the dispute is Stand Number 9208 Paradise Park, Highfield, Harare. Under Case No. HC 6089/21 this Honourable Court granted anorder to the plaintiff to allow the sale of the same immovable property, to enable... More
