Before us is an appeal and cross appeal. The brief background facts which are common cause are that the appellant has been leasing the respondent’s premises, namely shops 10 and 11 Kensington Centre in Harare (the premises), for the past twenty-five plus years. Throughout this relationship, the parties would conclude periodic leases and the last such agreement was executed on 12 September 2019. It would run from 1 September 2019 to 31 December 2020. In terms of clause 3, the rentals were payable in Zimbabwean dollars at the Stanbic Bank midrate for the day, charged per month. For the period... More
The applicant sought a provisional order which I granted as amended on 3 May 2021. Reasons for my order have been requested in writing for the purposes of an appeal, which has since been lodged. The provisional order sought was to effectively grant the applicant unrestricted access to the unoccupied portion of Modzone Farm. Below are the reasons behind my decision. More
The facts as borne by the state outline, are that the accused person in the company of his co-accused who did not tender a guilty plea resulting in the separation of trial and the complainant are related. The trio had a dispute over an itel cellphone belonging to the other accused at the complainant’s homestead. It is alleged that though the complainant handed over the phone to the said accused person he was attacked with a machete by the 1st accused on his right hand and further assaulted on the head by the 2nd accused. He sustained severe injuries as... More
Applicant is employed by as a clerk at Dzivaresekwa 5 Primary School. He was charged with misconduct after it was alleged that he had been involved in what was termed ‘unbecoming and indecorous behaviour’ at the school. He was brought before a Disciplinary Committee which found him guilty. More
Applicant was arraigned before the Magistrates Court sitting at Beitbridge on a charge of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act (Chap 9:23). Applicant pleaded not guilty to the charge and was duly convicted at the end of a full trial. Applicant was sentenced to 60 months imprisonment with 36 months suspended on the usual condition of future good conduct. A further 4 months were suspended on condition of restitution. Aggrieved by the conviction and sentence, applicant lodged an appeal with this court. This is an application for bail pending appeal. The application... More
The history of mental illness runs deep in Learnmore Michael (the accused)’s family. His mother lives with mental illness. He has a sister who lives with the same condition whilst another of his sisters committed suicide. She was driven into it by a mental health problem. As will be illustrated later in this judgment, there is evidence that the accused may have been mentally ill at the time he committed this murder. It may not be possible to apportion blame on him for his actions. More
Vevhu approached this court on an urgent basis in terms of rule 40 of the Commercial Court Rules SI 123-20. It sought a provisional order, pending arbitration, interdicting Operation Nehemiah from carrying out certain civil works on a tract of land known as Lot 12 of Spitzkop. This parcel of virgin land (“Lot 12”), lies due west of Harare in the rural district of Zvimba. More
