This is an Election Petition brought in terms of Section 133 as read with Section 167 of the Electoral Act [Chapter 2:13] [the Act]. The election under challenge relates to the Local Authority for Ward 28 Councilor in NKAYI SOUTH Constituency in rural Matabeleland North Province. The Polling took place on 23 August 2023. The results of the election were announced on 24 August 2023. At the commencement of the hearing, the Petitioner withdrew the petition against the 1st and 2nd Respondents. The withdrawal was wisely taken, consensual, and without a tender or demand for costs. More
Applicant applied to this Court for the rescission of default judgment in terms of section 92(1)a of the Labour Act Chapter 28:01 as read with Rule 40 of the Labour Court Rules S.I. 150/17. Respondents opposed the application. More
This is an application for condonation of late noting of appeal and extension of time within which to appeal. The application is brought in terms of r 43 (3) of the Supreme Court Rules 2018. The application is opposed. More
Applicant is the second wife of the late Sheunesu Mpepereki (the deceased). First respondent is his daughter. First respondent’s mother was the deceased’s first wife. The deceased left a will in terms of which first respondent was appointed the executrix testamentary. Under the will, the deceased directed that his only immovable property, number 22 Dulverton Drive, Glen Lorne, (the immovable property) be sold and that from the proceeds realized, $50 000.00 be given to the applicant. The balance of the estate was bequeathed to first respondent.
The will was submitted to second respondent and in recognition of it, second respondent... More
On 26 May 2022, a default judgment was handed down in case number HC 6499/21. First respondent was the plaintiff in that matter. The default order declared her to be the surviving spouse of the deceased Alexander Makwena entitling her to inherit in the deceased’s estate and ordered second and third respondents to include her in the final administration account and distribution plan. The present application was filed on 6 October 2022. More
The appellant was tried, convicted and sentenced in the Provincial Magistrates court at Harare for the crime of Incitement to commit Public Violence as defined in s 187(1) as read with s 36 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to imprisonment for three years of which one year was suspended for five years on conditions of good behavior. The state allegations were as follows. On the 31 July 2018 the appellant was at the Harare International Conference Centre, (HICC) as an accredited local election observer representing the MDC Alliance political party awaiting... More
Crossmill Enterprises sued out a summons at the Magistrates court against Pallematic Freight and Ncube. On 14 February 2023 the Magistrates Court granted a default judgment in favour of the Crossmill Enterprises, and the judgment is couched as follows:
i. Cancellation of the lease agreement entered into and between the parties on 2 August 2018 and any other subsequent addendums.
ii. Payment in the sum of USD$3, 727, 37 being in respect of arrear rentals and ZWL44,700.54 being in respect of arrear operating costs. Total arrears being USD$3,727.37 and ZWL44,700.54 payable as USD$ at the foreign exchange auction rate as... More
