This is an application for condonation of late filing a notice of opposition and upliftment of the bar operating against the applicant employer. The applicant is out of time by 28 days to file its opposition in LC/H/1164/22 which is a review matter at the instance of the respondent employee. The employee is opposed to the grant of the condonation relief. He cites the fact that the employer has no good excuse for the default and that it does not have merited opposition to his review application. More
1. This is an application for bail pending appeal against sentence. On 17 January 2023 after hearing arguments, I delivered an ex tempore judgment, to wit: “The application for bail be and is hereby dismissed.” I have, however, been requested to provide a fully dressed judgment with reasons. I outline hereunder the reasons for this decision.
2. The salient facts are that the applicant was arraigned before the Magistrate Court sitting at Filabusi. He was charged with the crime of assault as defined in section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23). It being alleged that... More
This is an application for bail pending appeal. The applicants appeared before a Regional Magistrate sitting at Karoi on three counts of robbery in contravention of s126 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23. They pleaded not guilty but were all convicted and each was sentenced to 12 years imprisonment of which 4 years imprisonment were suspended on condition of good behavior. In addition, 2 years imprisonment were suspended on condition of restitution. More
The applicant approaches this Court under s 167(2)(d) as read with s 85(1) of the Constitution of Zimbabwe. It seeks an order declaring that the Constitution of Zimbabwe Amendment No1 Bill, alternatively, the Constitution of Zimbabwe Amendment No1 Act, and the Constitution of Zimbabwe Amendment No2 Act are invalid. Ultimately the applicant seeks an order that both be set aside following a declaration of invalidity. More
This is an appeal against the whole judgment of the Legal Practitioners Tribunal “the Tribunal” sitting at Harare, dated 30 June 2021 convicting the appellant of contravening s 23(1) (d) and s 23 (1) (c) of the Legal Practitioners Act [Chapter 27:07] as read with By Laws 70 E and 70 F of the Law Society of Zimbabwe and sentencing him to the removal of his names from the Register of Legal Practitioners, Notaries Public and Conveyancers. More
When I received the urgent chamber application, I set down the matter and the parties appeared before me on 13 June 2022. The matter was postponed by consent to 29 June 2022 subject to some directions. I ordered the first and second respondents to file their opposing affidavits no later than 16 June 2022. The applicants were to file their answering affidavit by 20 June 2022, and file their heads of argument no later than 23 June 2022. I then directed the first, second and third respondents to file their heads of argument by 28 June 2022. I made no... More
This is an urgent chamber application for Mandament Van Spoliie and an interdict wherein the applicant seeks the following relief:
“1. 2nd to 4th respondents be and are hereby ordered to immediately restore possession of the red changfa compressor to applicant.
2. In the event of failure to comply with (1) above, the Sheriff of High Court be and is hereby ordered to take possession of the property mentioned in (1) above and restore applicant to such possession. The costs of such execution to be borne by the 2nd – 3rd respondents.
3. 2nd – 4th respondents together with their... More
