The applicant has approached this court in terms of r 31(3), seeking the dismissal of the respondent’s action in case HC 783/22, for want of prosecution. The application is premised upon the failure of the respondent to file his replication to the defendant’s plea, and to take any further steps to prosecute his matter, in the main action thereafter.
The facts and the inaction of the respondent to file further pleadings are not in dispute. It is common cause that, the applicant and the respondent were once co-directors in the same Company, sharing the same business premises. It is alleged... More
The applicants filed 3 bail applications in this court on the same date. These applications relate to the same facts and hence I decided to combine the applications. I have dealt with the application in one single judgment for the sake of convenience. The applicants are facing charges of armed robbery in violation of section 126 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicants deny the allegations and aver that they have been wrongly implicated. The state opposes the application for bail on the grounds that there are compelling reasons for the denial of bail. The state... More
This matter was initially placed before me on the unopposed motion matter. The applicant seeks the placement of the 1st-3rd respondents under supervision and commencement of corporate rescue proceedings in terms of section 124 of the Insolvency Act [Chapter 6:07]. More
This is an application for dismissal of matters HC 1230/19 and HC 3457/19 for want of prosecution being made in terms of r 236(3) (b) of the High Court Rules, 1971.
The brief background being that on 15 February 2019 the first and second respondents filed an application with this court under case number HC 1230/19 for rescission of the judgment of this court granted in matter number HC 10839/18. They also filed a chamber application under HC 3457/19 for leave to admit into evidence supporting affidavits earlier filed without the leave of the court. The applicants filed their Notices... More
This is an Application for a Declaratory Order in terms of S 14 of the High Court Act, Chapter 7:06 in which the Applicant is seeking the following relief:
“IT BE AND IS HEREBY ORDERED THAT:
1. The Application be and is hereby granted.
2. The Applicant be and is hereby held to have paid the full purchase price for Stand Number 288 Carrick Creagh Township of Carrick Creagh of section 4 of Borrowdale Estate registered under the deed number 3434/2012 in full and final settlement of the purchase price.
3. The 1st Respondent be and is hereby held to... More
The applicants are siblings and the 1st respondent was the testamentary executor of their deceased father’s estate whilst the second respondent is the applicants’ stepmother. More
[ 1] On 22 May 2022, I dismissed the chamber application for condonation for late noting of appeal. Reasons were subsequently requested and I furnish same hereunder.
[ 2] The applicant was convicted by this court of murder with actual intent as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [ Chapter 9:23] on 31 January 2014 at Gweru. He was sentenced to 23 years imprisonment. On 29 November 2021 he filed an application for condonation of late noting of appeal together with a draft notice of appeal against both conviction and sentence. More
