Applicant applied to this Court for condonation of late noting of appeal. Respondent opposed the application. At the onset of oral argument Respondent raised a point in limine. The point was that the relief sought was incompetent on the grounds that the Court is not empowered to grant such relief. More
Following a successful appeal to this Court against a judgment of the High Court ordering the eviction of the appellant from house number 484 Jakaranda Drive Victoria Falls (the house) when it had not heard the merits of the dispute but only points in limine, this Court handed down judgment which reads in part as follows:
“1. …
2. The appeal succeeds with each party bearing its own costs.
3. The judgment of the court a quo on the merits is set aside.
4. The matter be and is hereby remitted to the court a quo for determination of the... More
1. This is a bail appeal against the decision of the Magistrates’ Court sitting in Gweru given on the 25th June 2022. The appellant is charged with two counts of contravening section 114 of the criminal Law (Codification and Reform) Act [Chapter 9:23 it being alleged that on the 11th June 2022 he stole six cattle belonging to the 1st complainant and three cattle belonging to the 2nd complainant and drove them to his homestead. It is alleged further that the cattle were positively identified by the two complainants. More
This is an application for a compelling order brought about by the applicant seeking the following relief:
“IT IS ORDERED THAT:
1. Applicant and those claiming possession through him is hereby declared to have peaceful and undisturbed possession of land commonly known as subdivision 10 Merion Farm in Makoni District, Manicaland Province measuring approximately 125.20 hectares.
2. First Respondent and all those acting under her are hereby ordered to abide by the boundaries as established and determined by second and third Respondents, and to vacate, remove and demolish all erected homesteads and other immovable structures from the established legal boundaries... More
The following are the reasons informing the decision of the judgment I delivered ex tempore on 22 March, 2022. The reasons are being provided at the request of the respondents. The dispute primarily related to the right to occupy a certain piece of land referred to as plot 70 Chatsworth estate, Gutu which was allocated by means of a “certificate of occupation” issued by the Ministry of Lands and Rural resettlement to one Simon Chirume. The latter has since passed on leaving behind the 1st applicant as his surviving spouse. The three respondents are Simon Chirume’s children, all of whom... More
This is an opposed application in which the applicant seeks the following order:
“1. The 1st respondent be and is hereby ordered to enforce and execute the judgment given under HC 573/04 within two days from the date of the order.
2. The 1st respondent be and is hereby ordered to execute on the writ and recover the amount outstanding regard being had to the prevailing bank rate at the time of execution.
3. The 2nd and 3rd respondents be and are hereby ordered to pay costs on attorney and client scale if they oppose the application.”
Background facts
The... More
I heard this matter in the company of MANYANGADZE and BHACHI-MUZAVAZI who were on induction.
Applicant seeks an order couched in the following terms:
“1. The application be and is hereby granted.
2. Applicant shall pay the purchase price of ZW$155 000 within seven days of this
order.
3. First respondent shall sign relevant transfer documents in favour of applicant within
14 (sic) of this order.
4. First respondent shall pay costs of suit.” More
