This is an appeal against part of the judgment of the High Court (the court a quo) sitting at Harare, dated 26 May 2021 wherein the court a quo granted an application made by the first respondent for the registration of a foreign judgment emanating from the Business and Property Court of the United Kingdom and Wales as a judgment of the High Court of Zimbabwe, capable of execution within Zimbabwe. More
Five (5) different parties laid claim to various chattels seized by applicant (“the Sheriff”), in execution of a judgment in favour of the judgment creditor (“Gidza Credit”) against the judgment debtor referred herein as “Welli-Well”.The 5 different claims were consolidated and heard as one matter, issuing as they did from a judgment order of this court dated 3 January 2022 in HC 4098/20. Pursuant to that order, the Sheriff attached and uplifted an assortment of goods on 31 January 2022 at Welli-Well`s premises, being 499 Goodwin Road Willowvale Industrial, Harare. More
The dispute in this case has to do with the estate of the late Margaret Kudyakwenzara who allegedly diedtestate at Harare on 14 June 2005 leaving a certain piece of immovable property known as Stand 1574 Kambuzuma Township measuring 293 square metres. Various persons havesince laid claim to the Stand posturing as the deceased’s closest relatives. More
The two matters HC 6353/21 and 6649/21 were consolidated with the consent of the parties. I invited the parties to file supplementary heads of argument addressing the opposition under HC 6649/21. More
Change is a complex topic. It baffled even Aristotle and his predecessors. For instance Plato argued that real things do not change. He confined change to the realm of appearances; that is the physical world. Parmenides rejected the concept altogether and argued that change did not exist. Although those early scholars were dealing with the metaphysical, in the modern world of administration of justice, change also remains a frightening proposal. Judicial officers are naturally comfortable with the old, tried and tested systems. They do not want to create new problems. It is one of the reasons why precedent is regarded... More
The accused persons in the two separate matters, (which I will refer to as S v Shonhiwa and S v Docklands respectively) were each convicted of theft of trust property as defined in s 113 (2) of the Criminal Law (Codification and Reform) Act [ Chapter 9:13] (the “Code”). The proceedings in S v Shonhiwa were referred to a regional magistrate for scrutiny in terms of s 58 of the Magistrates Court Act [ Chapter 7 :10]. The learned regional magistrate correctly queried the propriety of the conviction and in turn sought the High Court`s intervention. More
This review judgement has been necessitated by the apparent conflation of the provisions of the Criminal Procedure and Evidence Act [Chapter 9:07] and the Children’s Act [Chapter 5:06] exhibited by the learned trial magistrate in sentencing a juvenile offender. More
