The applicant approached this court seeking rescission of a judgment in terms of r 449 of the old rules of this court and also in terms of common law for declaratory orders and ancillary relief. The first, second and fourth respondents raised the following points of law;
1. (a) Prescription
(b) Material dispute of fact
(c) Application defective and bad at law
(d) Locus standi
(e) Material nondisclosure of facts
(f) Res judicata among others and More
1. This is a bail application pending appeal. The applicant was arraigned before the Regional Court sitting in Bulawayo. He was charged with the crime of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was convicted and sentenced to 15 years imprisonment of which 3 years were suspended for 5 years on conditions of good behaviour. Aggrieved by both conviction and sentence the appellant noted an appeal to this court, and such appeal is pending under cover of case number HCA 151/22. More
The applicants were arraigned before a magistrate sitting at Kezi on a charge of stock theft as defined in section 114 (2) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:28). Applicants pleaded not guilty to the charge but were convicted at the conclusion of a full trial. On 27th October 2022 applicants filed a notice of appeal against both conviction and sentence. The applicants now seek their release from custody pending the hearing of their appeal. The application is opposed by the state. More
The second respondent, Monica Gondo, had entered into an agreement of sale with the applicant’s former husband when there was no valid subdivisional permit at the time the sale was concluded. Accordingly, the subsequent transfer to the second respondent was defective, fatally so. The applicant challenged the validity of that sale through an application for cancellation of title made before the High Court. The high Court, according to the applicant, erroneously found that the matter was “res judicata” and upheld the second respondent’s preliminary objection on that ground. The second respondent, through her legal practitioners, founded part of the basis... More
The applicant seeks relief by way of review. The relief sought is set out in the draft order accompanying the application and it reads as follows:
“IT IS ORDERED THAT:
1. The decision of the first respondent purportedly of the 5th January 2016 by which he purported to withdraw the offer letter given to the applicant in respect of subdivision 26 measuring 149 hectares of Pilgrims Rest PTN of Glen Forest Farm, Goromonzi District of Mashonaland East Province shall be and is hereby set aside.
2. Applicant’s rights in subdivision 26 measuring 149 hectares of Pilgrims Rest PTN of Glen... More
This is an application in terms of section 93 (5a) and (b) of the Labour Act [Chapter 28:01] (the Act). The applicant ruled in favor of the employees. In response to the application for confirmation of the draft ruling, the employer raised several preliminary issues which it alleged were capable of disposing of the matter. More
The accused person was aged 20 years, when he was tried and convicted of 2 counts of rape on a minor girl then aged 9 years, in 2022. He was sentenced to an effective 15 years from a sentence of 18 years with 3 suspended on good behaviour. He is appealing against both conviction and sentence. His grounds of appeal are basically that the court erred in making a finding that there was rape when the medical affidavit could not confirm the same. Further, that the evidence of the complainant was inconsistent as to the place where the rape took... More
