In this urgent chamber application, the applicant seeks, ostensibly on an interim basis, an order directing the first respondent to hand over forthwith to the conveyancer, the original title deed for a certain property. The order is sought pending the return day. On the return day, the applicant seeks a final order compelling the first respondent to sign all the documents necessary to effect transfer of the property to the applicant, failing which the Sherriff should sign. Costs are sought on the higher scale.
[2] The background is largely common cause. It is this. By a written agreement of sale... More
2. This is an appeal against the decision Magistrates’ Court sitting in Bulawayo given on the 7 April 2022. Appellant is charged with the crime of contravening section 125 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. It being alleged that on the 16 March 2022, and at Shonga Lodge, Bulawayo, he was found in possession of a white Toyota Prado registration number JS35DZGP (vehicle) in circumstances which gave rise to a reasonable suspicion that it was stolen. It is contended that a physical examination of the vehicle showed that the chassis and engine numbers were tampered with. More
This is an appeal against the judgment of the High Court (the court a quo) granting the respondent leave to appeal to the High Court against the appellant’s discharge at the close of the State case at the Magistrate’s Court. At the conclusion of the hearing we dismissed the appeal and indicated that our reasons will follow. These are the reasons.
FACTS
The appellant was arraigned before the MagistrateCourt charged with: -
1. Contravening Section 3(1) (a) of the Precious Stones Trade Act [Chapter 21:06] and;
2. Contravening Section 3(1) (a) of the Gold Trade Act, [Chapter 21:03].
In the... More
This is an application for condonation of late noting of appeal and extension of time to note an appeal. Applicant gave a power of attorney to Erickson Mvududu (Erickson) to handle matters concerning House Number 14084C, New Zengeza 4, Chitungwiza, on her behalf as she is in Australia. More
This is an appeal against part of the judgment of the High Courtawarding to the respondent, sole ownership of thematrimonial home, the payment of US$7 199.74 from their joint Lloyds Bank account, and the payment of US$5 000 as contribution towards the respondent’s legal costs and costs of suit. More
: This is an application for bail pending appeal. The applicant was convicted in November 2017 on one count of stock theft in contravention of s114 2(a)(i) of the Criminal Law (Codification and Reform Act) Chapter 9:23. The court did not find any special circumstances, it then imposed the mandatory sentence of 9 years imprisonment.
The applicant filed an appeal against conviction in 2022 after being granted leave by this court to do so under HC7/22. More
The brief background is that the applicant and the first respondent were involved in a road traffic accident on the 27th of June 2008. Under case HC 4750/11, the first respondent then issued out summons claiming damages for bodily injury. That action was defended with the applicant herein denying liability and lodging a counterclaim. The matter went up to pretrial conference stage, whereupon the applicant defaulted. His appearance to defend and plea were struck off and the matter was referred to the unopposed roll where the first respondent was awarded the equivalent in RTGS of US$82 500.00 at the official... More
