The facts peculiar to this urgent chamber application are that the applicant and second respondent entered into a long-term lease in respect of a property known as Machipisa Bar and Silver Room Tavern, Stand No. 4292 Machipisa, Harare. The material terms of the agreement were that: the applicant would pay the sum of US$ 3 500, being the monthly rental payable on the first day of the month. In addition, the lease would expire in 2032, i.e. ten years from the date of signing. The applicant was also authorized to do construction work and to renovate the premises. The applicant... More
The applicant approached this court in terms rule 29(1) of the High Court Rules 2021 seeking rescission of a judgment granted by this court. The order sought was as follows:-
IT ORDERED THAT:
1. That the application for rescission of judgment granted by the court be and is hereby granted
2. That the judgment granted by the court under case number HC 3383/20 be and is hereby rescinded.
3. That the respondent be ordered to pay cost on legal practitioner scale
Parties argued their case after which they filed heads of arguments. The order was granted and here are my... More
Appellant was charged and convicted of three counts of robbery by the Magistrates court sitting at Chinhoyi Regional Court on the 31" of May 2022. He was sentenced to six years imprisonment on each of the three counts. Three years imprisonment was suspended with conditions from the combined total of 18 years. He was left to serve 15 years in custody. Aggrieved by that decision, he has appealed to this court against both conviction and sentence in all the three counts. More
The applicant is a 17 year old juvenile attending Form 3 at Hamilton High School, Bulawayo. He is facing a murder charge as defined in section 47 (1) (c) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant denies the allegations of murder. The state is opposed to the granting of bail pending trial on the grounds that applicant is facing an offence specified under Part 1 of the Third Schedule to the Criminal Procedure and Evidence Act (Chapter 9:07), and therefore must discharge the onus on him to show that he is a good candidate for bail.... More
The appellant seeks to appeal against an administrative decision by the employer not to proceed with his hearing after his resignation. Such an appeal if any cannot be made to this honourable court in terms of the Code of Conduct. The Code of Conduct (S.I.42/2022) only allows an appeal to lie to this honourable court against a decision of an appeals authority in determining a decision of a disciplinary committee. More
: In this automatic review matter the accused was charged and convicted of stock theft as defined in of s114 of the Criminal Law Reform and Codification Act, Chapter 9:23 after a contested trial. He was sentenced to 14 years imprisonment of which 2 years were suspended for 5 years on related conditions. One year imprisonment was suspended on condition of restitution of the sum of US$3859.00. He is serving an effective 11 year jail term. More
On 6 April 2023 I ruled that the application by the applicant was not urgent. On 24 April 2023 I received a request for written reasons for that decision. These are they.
Applicant stated that he is the owner of immovable property known as Stand Number 6216(A) Westbrook Park, Kadoma (the property). It is owned through cession title registered with the second respondents. Further that the applicant and his family have resided at the property for the past five years. More
