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 The consolidation included another appeal under EC 06/23 which was later withdrawn before hearing.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
This is an urgent application for an interdict directed principally at the first respondent with the rest of the respondents being cited as interested parties who may in law be required to perform consequential acts to give effect to the conduct of the first respondent. More
2. The applicant and the respondent entered into a lease agreement in September 1993 in respect of one of the applicant’s properties, namely, Number 4 Hampshire Road Eastlea, Harare. On 13 March 2007, the applicant wrote a notice of cancellation of the lease, in terms of clause 2 of the lease agreement. It gave the respondent until 30 April, 2007, to vacate the property. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court and extension of time within which to file an application for leave to appeal a decision of this court to the Supreme Court. More
The adage that the law does not help the sluggard finds expression in the operation of the provisions of the Prescription Act [Chapter 8:11] which provides for the prescription of a debt if no action to claim the same is done within a period of three years in the absence of interruption. Such interruption can be through an express or tacit acknowledgment of liability by a debtor in which case prescription shall start running again from the date on which the interruption commenced. This court finds that this is the situation that the plaintiff finds itself in, and has not... More
MUNGWARI J: On 25 November 2020 in case number HC 5833/20 MUSHORE J granted an order in favour of the respondents in this application. The order was obtained in default of the applicant. Aggrieved by the turn of events, the applicant on 16 June 2022 filed an application seeking the rescission of that judgment. A simple calculation of the time lag between the date when the judgment was issued and the time when the application for rescission of the judgment was filed shows a delay of one and a half years. The default judgment in issue reads as follows: More
