After hearing argument in this application for condonation by a barred party, I dismissed the prayer and gave reasons ex tempore. I now furnish written reasons at the request of applicant. More
The plaintiff sued the defendant herein for damages for malicious prosecution. The relief sought is set out in the summons and declaration as follows:
“The plaintiff’s claim is for:
damages in the sums of:
a) ZWL $18,000,000.00 arising from the malicious prosecution and abuse of proceedings by the defendant together with interest at the prescribed rate from the date of judgment to date of payment in full.
b) USD$6,100.00 being provable legal expenses charged by the plaintiff’s legal practitioners at the time for prosecuting his appeal against conviction and sentence together with interest at the LIBOR rate applicable on the... More
In a divorce action, which the applicant was granted in 2015 in default by the respondent, she was allocated property known as a certain piece of land situate in the District of Salisbury, called the remaining extent of Lot 361 Highlands Estate of Welmoed, measuring 5202 m2, registration number 2476/1996. It is commonly known as 18 Knightsbridge Road, Highlands, Harare. That property was registered in her then husband’s name, George Musanhu, the first respondent herein. The order was straightforward. Within forty-eight hours of the service of the order, he was supposed to have signed over to her the necessary papers... More
This is an application for summary judgment for the eviction of the respondent and any other person claiming occupation or use through him, together with their goods, possessions and chatels from the premises known as sub-division 4 of “Fresnaye” situate in the District of Umzingwane, also known as plot 4 Worringham, Umguza being an immovable property that the applicants own and that the respondent occupied at the applicants’ benevolence which benevolence defendant has spurned. More
This court has been asked by the applicant to review the decision of the respondent of the 14th of October 2022, stamped on the 30th of November, 2022, on the basis of gross irregularity and unreasonableness as well as illegality. The application has been brought in terms of s27 of the High court Act [Chapter, 7:06] as read with s4 of the Administrative of Justice Act [Chapter 10:28]. It is contested. More
These 4 appeals were consolidated into one by consent of the parties at a case Management Meeting on 11 July 2023. The consolidation included another appeal under EC 06/23 which was later withdrawn before hearing. Although the 4 matters are consolidated into one, EC11/23 and EC16/23 are appeals concerning individuals who presented themselves for nomination as Rural District Council candidates for Gwanda and Bubi respectively. On the other hand, EC14/23 and EC15/23 involve appeals concerning Provincial Council Party List candidates for Matebeleland South and Matebeleland North respectively. More
The President of Zimbabwe promulgated 23 August 2023 as the date for harmonized elections. As part of the Proclamation 21 June 2023 was fixed for the sitting of the nomination court across the country for the purpose of the submission of nomination papers for different elective public offices. The applicant contends that the nomination officer received its nomination papers for party-list candidates just before cut-off time i.e., 4 p.m. The nomination papers were received through a police officer who collected such papers on behalf of the nomination officer. The nomination officer after examining the papers found that they were defective... More
