The appellant was arraigned before the Magistrates’ Court sitting at Harare on the following charges. Firstly, 66 counts of theft as defined in s 113(2)(c) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] alternatively theft as defined in s 113(2)(d) of the same Act. Secondly, 73 counts of fraud. He was convicted after a lengthy trial of 66 counts of theft and of 70 counts of fraud. He was found not guilty and acquitted on the alternative charge of theft. He was sentenced as follows. All the theft counts were taken as one for purposes of sentence and... More
This is an application for dismissal for want of prosecution of case number HC 8645/18. The following is the order sought.
1. The application for dismissal of the action in HC 8645/18 for want of prosecution be and is hereby granted.
2. The action in HC 8645/18 is and hereby dismissed for want of prosecution.
3. The Respondent shall pay the Applicant’s wasted costs in HC 8645/18 and costs of this application on attorney-client scale.
The application is opposed. More
KHALID MOHAMMED GOMAA SIAM(1st Applicant) was born in Palestine, migrated to Zimbabwe and was eventually registered as a citizen of Zimbabwe on 13th February 2009. DUNIA FAWZI FAYEZ SIAM (2nd Applicant) is a citizen of the Hashemite Kingdom of Jordan and a permanent resident of Zimbabwe. The first and second Applicants are husband and wife and also the biological parents of QUDS KHALID MOHAMMED GOMAA (3rd Applicant born 26th June 2001), AAYA SIAM (a minor born 29th March 2004) and WALEED SIAM (a minor born 10th January 2007). The children are holders of Zimbabwean Passports and Birth Certificates.Sometime in 2021... More
The application under HC 8522/19 was made in terms of r 449 (1) (a) of the old High Court Rules based on two (2) grounds, namely:
(a) The order was erroneously granted in the absence of the applicant, who is an interested party and whose rights were affected by the order concerned.
(b) The said order was granted in error since the party who obtained the relief was not the one who held the claims that were forfeited by the second and third respondents. The applicant argued that the claims were registered in the names of the fourth and fifth... More
This is an application for bail pending appeal. After a contested trial applicant and others who are not part of this application were convicted and sentenced by the Regional Magistrate sitting at Bulawayo on the 11th February 2022. They were convicted and sentenced on one count of contravening section 82(1) of S.I. 362/90 as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14], as amended in section 11 of the General Law Amendment 5/2011(possession of raw unmarked / unregistered ivory). They were sentenced each to the minimum mandatory imprisonment of nine years. Aggrieved by both conviction and... More
Kings’ Daughter Mining Company UK Limited [“KD”] is a company registered in the United Kingdom. It is the applicant in these proceedings. It is the sole shareholder of the first respondent[“Redwing”]. Redwing is a mining company registered in Zimbabwe. It is under corporate rescue in terms of the Insolvency Act [Chapter 6:07]. It was placed under corporate rescue by an order of this court in HC 99-19. Such placement was at the instance of the first respondent’s workforce, represented by their trade union, the second respondentherein [“the Trade Union”]. The fifth respondent [“Madondo”] was appointed the corporate rescue practitioner. The... More
This is an application for an interdict, suspending the Mayor and Deputy Mayor for Chitungwiza (2nd and 3rd respondents) from conducting mayoral duties and from receiving benefits in those respective capacities. The applicant is the losing candidate in the Mayoral elections for the Municipality of Chitungwiza which were held on the 4th September 2018. He is an elected councillor in that same district representing the Zanu-PF political party. The 2nd and 3rd respondents who are members of the Movement for Democratic Change Alliance won the posts of Mayor and Deputy Mayor in the District of Chitungwiza. The applicant has filed... More