Plaintiff issued summons against defendant on 13 February 2020 with a claim of ZW$500 000.00 with interest at the prescribed rate from the date of judgment to date of payment in full and costs on a higher scale for contumelia and loss of consortium flowing from defendant’s adultery with his wife. More
In this matter the applicants seek relief as couched below:
TERMS OF THE FINAL ORDER
IT IS ORDERED
1. That the provisional order granted in favour of the applicants in this matter be and is hereby confirmed.
2. The respondents who opposed the order shall pay the costs of this application on a legal practitioner and client scale.
INTERIM RELIEF GRANTED
Pending determination of this matter, the applicant is granted the following relief:
IT IS ORDERED
1. Thatpending the determination of the application for rescission filed by the applicants under HC 4457/22, the execution of the default judgment by the... More
In 2013 Zimbabwe celebrated the birth of a new Constitution. It is an epoch in the life of Zimbabweans. The new Constitution also brings with it certain obligations on institutions and other office bearers. It is such obligations that the applicant brings this application against the respondents seeking an order in the following terms:
“IT IS ORDERED THAT:
1. The first respondent’s failure to enact an Act of Parliament stipulated in section 198 (a) of the Constitution of Zimbabwe was a breach of section 324 of the Constitution.
2. The first respondent be and is hereby ordered to enact a... More
This is an appeal against both conviction and sentence. The appellant and another, who is not a party to this appeal, were charged and convicted of “Unlawful dealing in a dangerous drug” as defined in s 156 (1) (c) of the Criminal Law Codification and Reform) Act [Chapter 9:23] (The Code), by the Regional Magistrates Court (trial court) sitting at Harare on 12 April 2019. They were sentenced to 10 years imprisonment of which 2 years were suspended for 5 years on the usual conditions of good behaviour. In addition, the trial court ordered the forfeiture of 710 kgs of... More
I heard this application on 20 June 2022.I decided it on the basis of the preliminary points which counsel for the second respondent raised.I delivered an ex tempore judgment in which I struck the application off the roll and ordered each party to meet its own costs.
On 27 June 2022 the second respondent wrote requesting written reasons for my decision. My reasons are these:
On the day that the application was scheduled for hearing, Ms Mahere, for the second respondent, raised two preliminary points. These were that:
i) the applicant filed its Heads out of time, is barred and... More
This is an urgent chamber application for an order couched in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms-
IT IS ORDERED THAT-
1) The provisional order be and is hereby confirmed.
2) The 1st, 2nd, 3rd, 4th, 5th, 6th Respondents be and are hereby declared unlawful occupiers or claimants of Saturday Retreat Stand measuring 14 hectares. Known as Stand Numbers 23401 to 23601 and 23603 to 23631 Saturday retreat.
3) Respondents Occupation of Stand Numbers 23401 to 23601... More
This is an appeal against sentence only.
2. The appellant, a fifty year old woman, was charged with assault as defined in s 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code).
3. The alternative charge was Criminal insult as defined in s 95(1)(a) of the Criminal Law Code. The allegations were that on 22 and 28 September 2021 and at Waverley Blankets (Pvt) Ltd, Graniteside in Harare the appellant had, by words and conduct seriously impaired the dignity of the complainant with the intent to do so by burging into his office uninvited... More
