Applicant approached this court for a declaratory order and consequential relief. The application was filed on 31 August 2022. Applicant filed all her pleadings with the heads of argument being filed on 13 January 2023 and served on the respondent’s legal practitioners on 16 January 2023. No heads of argument were filed by the respondent. This application was set down for hearing on 26 May 2023. At the commencement of the hearing, respondent’s counsel made the submission that he had not filed respondent’s heads of argument, as such respondent was barred. He then advised the Court that in terms of... More
The genesis of the application as gleamed from the founding affidavit deposed by Patrick Ndiweni is that the 1st respondent built a primary school and a hospital at Tshelanyemba communal lands which is in Kezi in Matobo District. The primary school was later closed in 1968. In 1981 the Government of Zimbabwe allowed for the setting up of a Secondary School within the premises of the now closed primary school. The 1st respondent, being a church, could not be funded by Government to establish the Secondary School, which was to be a boarding school. The church had no resources to... More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 7 July 2021 upholding the respondent’s point in limine to the effect that the appellant’s cause of action had prescribed thereby dismissing with costs the appellant’s claim. More
The applicant seeks relief by way of a declaratur. The relief sought is captured in the draft order as follows:
“IT IS HEREBY ORDERED THAT;-
i) An order declaring Deed of Transfer 6618/03 dated 9th September 2003 registered in the name of Unitime Investments (Private) Limited as the holding deed for Stand 825 Bannockburn of Stand 1 Bannockburn.
ii) An order cancelling Deed of transfer 3678/03 registered in the name of 5th and 6th Respondent.
iii) An order cancelling the Deed of Transfer 3677/03 that had been registered in the name of 4th Respondent.
iv) In terms of paragraph (i)... More
This is an opposed chamber application in terms of r 43 of the Supreme Court Rules 2018, for condonation and extension of time within which to note an appeal. More
MUSAKWA JA: This is an opposed chamber application for condonation for non-compliance with the Supreme Court Rules, 2018 and for extension of time in which to appeal made in terms of r 43. The intended appeal is against a judgment of the High Court handed down on 17 February 2021 upholding the respondent’s application for a compelling order. More
This is a bail application pending trial. The applicant is charged with the crime of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 18 August 2023 at 2200 hours the applicant in the company of accomplices who still at large, armed with one unidentified firearm, knobkerries, axes, a hammer and a machete attacked the complainant, disarmed him of his revolver gun loaded with three rounds. And forcibly took his identity card, NSSA card, CBZ bank debit card, Itel cellphone, and loaded stolen gold ore into... More
