The applicant and his fourteen co- applicants comprise a group of mainly senior Zimbabwe National Army Officers who claim rights of ownership and /or possession of a piece of land measuring 4.1 hectares which is described as stand 393 Greendale Township off Cunningham Road Greendale suburb Harare. The first applicant’s founding affidavit was adopted by the other fourteen applicants who authorized the first applicant to act on their behalf. More
“I make bold to say that it is not just for the sake of poetry that the old adage, context is everything, holds true. In so many scenarios, words alone ring hollow. Context gives life and meaning to what is said or written. Is a court of law then entitled, or required, to take cognisance of context when interpreting a contract? That is the question that this Court is
called upon to answer.”- Constitutional Court of South Africa. More
The plaintiff issued out summons against the defendants claiming the following relief:
An order declaring the plaintiff a statutory tenant and nullifying the notice of the termination of the lease agreement served by the 1st defendant through the 2nd defendant.
Payment of the sum of US$14 000 or ZWL equivalent as at date of full and final payment being the amount paid to ZESA by the plaintiff clearing electricity bill which 1st defendant should have paid with interest at the prescribed rate of interest from 2014 to date of final settlement. More
The applicant deposed to the founding affidavit in his capacity as the executor testamentary of the estate of his late father who also answered to the same name as the applicant. The late Daniel Alexander Hartman (the deceased) was the registered owner of a piece of land situate in the District of Salisbury known as Subdivision G of Kinvarra (the property). The property is 50,7910 hectares in extent, and is located in the Mount Hampden area on the outskirts of Harare. It was held under two separate title deeds, with each confirming ownership of an undivided one half share. These... More
This matter appeared before me as a review application of criminal proceedings before the Honourable Magistrate Guwuriro. The applicant had been convicted by the court a quo for contravening s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant was sentenced to 3 years imprisonment, 1 year of which was suspended for 5 years, and 4 months were suspended on condition of restitution of $40.00. Thus, the applicant was effectively to serve 20 months. He approached this court by way of a review to have the conviction quashed and sentence set aside. The basis for this application... More
The background facts to this matter are that the late Stephen Nduna Gwenze Masaire was the holder of title in a property known as “Remaining Extent of Lots Numbers 182, 183, 184 and 185 Block C, portion of Hatfield Estate measuring 1,7657 hectares” registered under Deed of Transfer 1371/80. Sometime in 1991 he applied for and was granted a subdivision permit in respect of this land. The proposed subdivision was meant to create two properties from the original property, namely Stand Numbers 909 and 910 Hatfield Township. More
At the onset of the appeal the respondent raised points in limine. In response to the same appellant indicated to the court that he had preliminary points to raise before he could respond to the points by the respondent. In that regard the court allowed that the appellant addresses it first on the points that it has. The appellant took 3 points in that the form used did not bear the inscription LC 2, that the response and the Heads of Argument are out of time by about 2 months. The respondent conceded the omissions but sought the court’s indulgence... More
