This is an appeal against the whole judgment of the Magistrates’ Court sitting in Bulawayo, dated 13 August 2020. The court a quo granted the following order: cancellation of the agreement; the deposits and part payment made by defendant to be forfeited by plaintiff as rentals; ejectment of defendant and all those claiming occupation through them (sic) from stand No. 70 Emthunzini Township, Bulawayo; and costs of suit. More
This urgent chamber application for the temporary release of the applicant’s Passporthas been brought in terms of Rule 60(6) of the High Court Rules, 2021.
The applicant has four outstanding criminal matters before the Magistrates Court. She is on bail and some reporting conditions including surrendering her passport to the Clerk of Court to ensure she does not abscond until all her cases are finalized. The offences she is facing
are:
(a) Contravention of Section 35 of the Marriage Act [Chapter 5.11] on which she has been convicted and a fine imposed together with a suspended prison term. Both conviction... More
The applicant approached this court seeking a declaratur in terms of s 14 of the High Court [Chapter 7:06]. The applicant is seeking an order declaring that the seizure of the ISUZU KB 300 LE Single Cab truck Registration Number ABA1128 by the third respondent be and is hereby declared illegal.
The brief background which gave rise to this application is that sometime in 2011, the applicant purchased the motor vehicle in question from his mother-in-law a Mrs Mungofa who also had purchased it from EU Microproject Programme in 2010 at Ruby Auctions.
In February 2015, the motor vehicle was... More
The background to this matter is that sometime in 2006, the first respondent purchased five commercial stands in Nyazura from the second respondent and paid for them in full. Upon commencement of development on the allocated stands, one Mr Mukada indicated to the first respondent that he had been allocated a portion of the same stands, thereby essentially constituting a double sale. Upon enquiry, the second respondent admitted that it had erroneously made a double sale. In a bid to cure the error, the second respondent allocated new stands to the first respondent in 2014. Just as the first respondent... More
At the hearing, the appeals were consolidated with the consent of the parties,and heard in the following manner; the appellant in SC 109/21 made submissions as the first appellant, the appellant in SC 15/21 as second appellant, and the appellant in SC 17/21 as the third appellant. The first to third respondents in all the appeals remained as previously cited, with the Registrar of Deeds being the fourth respondent, though there was no appearance on his behalf. Although there were three different appeals attacking the same judgment, I intend to address all the appeals in one composite judgment as the... More
The applicant herein defaulted in entering an appearance to defend the summons issued against him by the respondent in case HC2038/20. As a result a default judgmentagainst him was obtained ensued by a writ of execution, consequently giving rise to this application for rescission of judgment.
The undisputed factual run up is that the respondent is resident in the United Kingdom. Through her legal practitioner, one Innocent Taruvinga,entered into two separate loan agreements with the applicant. In the first one,executed on 3 July, 2020, applicant was advanced the sum of forty-five thousand (US$ 45 000, 00). Within a space of... More
This is an application for a postponement of a trial.Even though the postponement itself was dealt with fairly comfortably by counsel, the costs occasioned by the postponement became a bone of contention. Hence this judgment.
This matter was set-down for trial for the 2nd and 3rd February 2022. The trial was set to start at 10 O’clock. Defendant was not in attendance. Adv. Dube counsel for the defendant informed the court thather brief was to apply for a postponement of the trial.The brief to Adv. Dubeto appear in court and seek a postponement was given telephonicallyby Mr Ncube of Ncube... More
