The facts to the appeal were fairly straightforward. The appellant had filed an application for custody in the Magistrate’s Court, of his minor child born on 22 October 2020. The mother of the child was the respondent’s daughter, the now late Rutendo Natalie Eugenia Chanakira to whom the appellant was married to in an unregistered customary law union. She had been staying together with the appellant up until sometime in February 2022 when left the matrimonial home in light of domestic disenchantments. She had died some two weeks later. When she left the matrimonial home together with the child she... More
1. The applicant was convicted by the Magistrates Court pursuant to a fully contested trial on a charge of rape as defined in s 65 of the Criminal Law Code. More
Pursuant to the President’s proclamation of the election, the first applicant claims to have registered her desire to be considered for the provincial and metropolitan council under the proportional representation list of her party. In her founding affidavit she narrated that on 20 June 2023, late in the afternoon, she got wind of the fact that the respondents had caused the issuance of SI 114/2023 and SI 115/2023. She states that as a result of these pieces of legislation the nomination landscape in the preface of the upcoming harmonized elections changed significantly in a manner that adversely affected her rights... More
The present dispute is an off-shoot of the main matter between the parties and comes as a result of the judgement I delivered in Eric Murowa v Mabaya & Sons Transport & General Contractors CC & Another HMA 61-22. The following background facts suffice by way of recap. The plaintiff instituted a claim for the recovery of the sum of ZAR 1 830 272 in delictual damages arising from injuries he sustained in a motor vehicle collision. More
This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 7 July 2022 in which it declined to assume jurisdiction in respect of an application filed by the appellant for the review of the recommendations of the second, third and fourth respondents in accordance with which the first respondent removed her from the office of Judge of the High Court. More
This is an urgent application for spoliatory relief. The applicant seeks a provisional order couched in the following terms:
Terms of final order sought
1. That the interim relief be and is hereby confirmed on the return date to the effect that:
1.1. Second respondent retain in its possession, applicant’s motor vehicle, being an Isuzu Double Cab with Registration number AFK 3062, pending the determination of the dispute between the parties under Case No. 891/19 (Case No. Civ 57/19);
1.2. It be and is hereby declared that applicant is the owner of the above motor vehicle; and
1.3. The agreement... More
1. This is an urgent chamber application for stay of execution pending review. The applicant seeks a provisional order couched as follows:
Terms of final order sought More
