This is an urgent chamber application for stay of execution in respect of paragraph 4 of a court order under HC 663/20. This order cancelled a certificate of registration of Olympia 7 Mine. The stay is sought pending the determination of an application for upliftment of a bar currently operating against the 1st and 2nd applicants for failure to file opposing papers on an application for confirmation of a provisional order under HC 663/20 as required by the rules of this court. More
At the center of this application is Subdivision 2 of Nswala (“the farm”). It is in the District of Zvimba under Mashonaland West Province. It is 158.6 hectares in extent.
In June, 2002 the Land Acquiring and Allocating Authority (‘the authority”) who is the first respondent herein allocated the farm to one Partson Reuben Magaya (“Partson”). He did so in terms of an offer letter which he issued to Partson on 11 June 2002. In July 2003, the authority allocated the same farm to one Vengani Ndou who is the second respondent in this application.
Partson, it would appear, remained... More
The applicants had their property itemised in the draft order seized by the police pending the criminal proceedings in the Magistrates Court at Mount Darwin. The applicants had mounted a similar application before this court under case number HC3678/21 which the applicants failed to prosecute within the prescribed time frames. This saw the dismissal of the application for want of prosecution filed under case number HC 3731/22 by the respondents. The basis for the present application, according to the applicants is that the goods specified in the draft order are unlawfully held by the police. The applicants further alleged that... More
This is an application for the rescission of a default judgment of this court under case HC69/22 of the 16th of June 2022. It has been brought in terms of rule 29 of the 2021 High Court Rules. The averments are that the default judgment was granted in the absence of and without the citation and incorporation of applicant who is an interested party. Applicant alleges that the action summons in case HC69/22 where only served on the 3rd respondent who in turn did not oppose, hence the default order. More
This is an appeal against the whole judgment of the Magistrate Court sitting at Chitungwiza on 7 June 2023wherein the court awarded the custody of the parties minor child, a son, to the appellant’s estranged husband. The child in issue is called Colt Anopaishe Chaza born on 30 October 2013. He is currently in boarding school in Macheke and is in 5th grade. More
On 12 January 2023, I delivered an order in favour of the applicant validating the title deed issued under Deed of Transfer No. 4106/2010. The first and fifth respondents requested for the reasons of the order. Thus, this judgment is an exploration of the reasons for the 12 January order. More
