The applicant appeared before the 1st respondent a Regional Magistrate sitting at Chinhoyi Court, facing a charge of rape in contravention of s65 of the Criminal Code.The trial proceeded with the 2nd respondent leading evidence until it closed its case. At the close of the 1st respondent’s case, an application was made on behalf of the applicant for discharge at the close of the state case. After considering both the applicant and the 1st respondent’s submissions, the 1st respondent dismissed the application and ordered the trial to continue. In dismissing the application the 2nd respondent found that there was prima... More
The appellant entered into a 20 year lease agreement with the 1st respondent. The lease agreement was for appellant to lease a commercial property known as Marbles Bar and Butchery otherwise known as stand number 13586 Glasglow Road Industrial Sites Chinhoyi “the property”.
According to the appellant on the 3rd of December 2022 the 1st respondent broke the entrance locks and changed the keys to all the doors on the property thereby despoiling the appellant. The 1st respondent did not have any lawful authority to act as he did. The founding affidavit then canvassed a number of issues that were... More
The applicant who is a registered owner of the piece of land as described above, some time in 2022 applied to a provincial town planning Mashonaland West for a sub-division permit which application is attached as Annexure B to this paper. In response he was advised that the land had been acquired by the Respondent as per government gazette attached as Annexure E. A perusal of the second Government Gazette attached as Annexure D shows that the property was acquired for agricultural purposes on the 6th of April 2012 in accordance with section 16B of the amended Zimbabwe 1980 Constitution.... More
This is an appeal against the whole judgment of the High Court Bulawayo, (court a quo), handed down on 13 October 2022. The court a quo dismissed the appellant’s application for the setting aside of the sale by auction, of a stockpile of iron ore fines, on the basis of actio rei vindicatio. More
On the 13th December 2022 at Harare, the Exemptions Committee (EC) of the NEC Rural District Councils issued a determination. It ordered appellant (employer) to reinstate respondent (employee) or pay her damages in lieu of reinstatement. The employer then appealed the determination to this Court in terms of section 92 D of the Labour Act Chapter 28:01 hereafter called the “Act”. The employee opposed the appeal. More
It is common cause that appellant’s earlier appeal (under LC/H/284/22) against the determination in casu was struck off the roll by the Court for failure to file the record of proceedings conducted by the Designated Agent. Such record is required in terms of Rule 19(1) (b) of the Labour Court Rule S.I. 150/17. Respondent argued that appellant’s remedy provided by the Practice Direction would be an application for reinstatement as envisaged by the proviso to paragraph 5 of the Direction. Instead appellant applied for condonation of a late appeal which was granted by this court on 16 January 2023. Appellant... More
This is a court application for leave to execute pending appeal. The order sought is in the following terms:-
“1. The applicants be and are hereby granted leave to execute the judgment of this court granted on 14th July 2022 for the ejectment of 1st and 2nd respondents and all those claiming ownership through them from number 11 Seymour Road, Montgomery, Bulawayo, pending the hearing and determination of the appeal filed under case number SCB 77-22.
2. The respondents shall pay the costs of suit on an attorney and client scale.”
The application is opposed by the respondents who argue... More
