: The plaintiff and defendant herein are brothers. The plaintiff instituted summons in 2016 claiming US$14 731-00 (fourteen thousand seven hundred and thirty one dollars) arising from outstanding dividends which were due and payable from October 2012, interest and costs. The defendant denies liability on the basis that the claim has prescribed and in any case no dividend is payable to the plaintiff as none was declared by the board of directors. More
This matter was filed consequent upon my judgment involving the same parties as herein cited which I delivered referenced HH 530-22 in case no. HC 1540/21 on 3 August 2022. The Minister of Local Government, Public Works and National Housing had been a party in case no. HC 1540/21. However, no relief was claimed from him and he is not cited in the current proceedings. Just to recap, in case no. HC 5140/21, the applicants had pursuant to filing the said application, been granted under case no. HC 9690/21 by MUNANGATI-MANONGWA J, on 1 April 2021 an order of condonation... More
The applicants are owners of immovable properties in the splush suburb of Mount Pleasant Heights, Harare. The area of Mount Pleasant Heights in which their properties are situate is called Bannockburn. To that end they own properties in Bannockburn as follows:
(a) 1st and 10th applicant – stand 950.
(b) 2nd applicant –Stand 947
(c) 3rd applicant – Stand 949
(d) 4th applicant – Stand 939
(e) 5th applicant – Stand 931
(f) 6th applicant – Stand 913
(g) 7th and 9th applicant – Stand 945
(h) 8th applicant – not stated More
The appellant was convicted by the Regional Court sitting at Harare on a charge of criminal abuse of duty as a public officer as defined in s 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
He was sentenced to 3 years imprisonment of which 1 year imprisonment was wholly suspended for 4 years on condition he does not within that period commit an offence involving corruption or abuse of office for which upon conviction he is sentenced to imprisonment without the option of a fine.
The facts found proved were that on dates unknown to the prosecutor... More
: This matter commenced as an application before being converted into an action through an order in HC-1979-19 by MUSHORE J dated the 18th day of November 2019. The plaintiff’s application and founding affidavit were to stand as the summons and declaration and the second and third defendants’ opposition standing as their plea. The plaintiff’s answering affidavit was to stand as the replication. The first defendant was to file its plea within a period of ten days from the date of the order and thereafter pleadings were to be deemed closed. The plaintiff seeks an order that the first to... More
This is an application for bail pending trial. The state is opposed to the application on the grounds that the applicant is a flight risk in that he fled to Tanzania and was extradited to Zimbabwe to face trial. Applicant faces fraud charges in contravention of the Criminal Law Codification Act (Chapter 9:23). It is alleged that on 19th October 2020 applicant obtained from the complainant a sum of US$335 000 by means of misrepresentation. Applicant misled the complainant into believing that he could secure mining equipment for the complainant. After receiving the money applicant vanished and subsequently left Zimbabwe.... More
This is a consolidated judgment for matters HC 1338/21, HC 2366/21 and HC 3281/21. The matters were consolidated by consent of the parties. In this judgment, I refer to the parties as they appear in case HC 1338/21. The applicant seeks the registration of an arbitral award granted in its favor against first to third respondents. In case HC 2366/21, the third respondent seeks the setting aside of the same award whilst in case HC 3281/21, the second respondent also craves for the same relief. More
