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Court Judgements



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This is an application to re-open the administration of a finalized deceased estate. The estate has been administered and finalized in terms of the provisions of the Administration of Estates Act [Chapter 6:01]. More

This is an urgent chamber applicant for stay of execution of the judgment in HC 877/22. The judgment was granted in default of the applicant on 2 March 2023 following the failure by the applicant to attend the pre-trial conference. More

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