: The applicant seeks, by way of an urgent chamber application, variation or correction of a judgment handed down by this Court on 14 January 2022, under Case No. HC 7099/21, Judgment No. HH 39-22.
In that judgment, the court ordered a stay of execution of an order granted by this court on 2 November 2021 per KWENDA J, MUCHAWA J and CHILIMBE J, under Case No. CIV “A” 77/21. Execution of this order was suspended pending the determination of an application for its rescission filed under Case No. HC 9097/21. The application for rescission was filed in terms of... More
Plaintiff issued summons against the defendants claiming the following damages arising from injuries he allegedly sustained when he was shot at on the 14thJanuary 2019 during violent demonstrations in Epworth.
He claimed the following damages:
a) Special damages for hospital and medical expenses.
b) Special damages for past loss of earnings.
c) For loss and or reduction of future earnings.
d) For future medical expenses.
e) Being general damages for nervous shock, pain and suffering, humiliation, embarrassment, affront to dignity and degrading treatment.
f) For permanent disfigurement, permanent disability and loss of amenities of life. More
The applicant in this matter was seeking for an order in the following terms:
“It is ordered that:
(1) The applicant be and is hereby declared the legitimate owner of stand number 5932 Mornington Extension, Kadoma;
(2) The repossession of stand number 5932 Mornington Extension, Kadoma by the respondent be and is hereby declared null and void;
(3) The respondent be and is hereby ordered to pay costs of suit.” More
On 11 August 2021 parties appeared before me under case number HC 144/21 and by consent the matter was postponed to 13 September 2021. On 13 September 2021 the application was by consent struck off the roll of opposed matters. Parties agreed that case number HC 26/20 be consolidated with case number HC 144/21. Under case HC 26/20 Pathacres (Private) Limited was the applicant seeking the following relief: More
In case No. HC 3719/20 the first respondent obtained a default judgment per CHAREWA J against the applicant on 7 October 2020 in a claim for the ejectment of the first respondent and all those claiming through her from premises called G3 Mimosa Flats, South Road, Norton. The default judgment was applied for and granted on the basis that the applicant having been personally served with summons on 3 August, 2020 failed to enter appearance to defend. In consequence of such failure to enter appearance to defend, the applicant was barred from filing the appearance to defend or any other... More
The law relating to requests for referral of a constitutional issue in terms of s 175 (4) of the Constitution of Zimbabwe is now well settled. The section makes it mandatory that a person presiding in any court subordinate to the Constitutional Court refers the question to the apex court when requested to do so by a party unless he/she finds that the request is frivolous or vexatious. It is a matter not in the discretion of the judge or magistrate whether or not to refer. The provision is mandatory. It is only a finding on the frivolity or vexatiousness... More
This application seeks the Urgent intervention of this Honourable Court to stop the clear violation of the law with impunity, and the continued violation of property rights, being perpetrated against the applicant by the first and second respondents and those claiming through them. More
