Pomelo (as investor) and Annadale (as asset owner) entered into a mining joint venture (JV) through Beatrice Mine as the JV company. The investor and asset owner respectively held 74% and 26 % shareholding in the JV company. The asset comprised of several mining claim claims located in the Beatrice area. The joint venture (JV) collapsed. The asset owner alleged failure by the investor to invest in the JV as agreed. It demanded the 74% that had been allotted to the investor. The dispute was referred to arbitration and the investor succeeded. The investor made spirited efforts to resist this... More
This is an application for a Declaratur in terms of Section 14 of the High Court Act [Chapter 7:06] to have the certificates of Registration numbers 48749, 48750, and 48751 issued by the 3rd Respondent to the 1st and 2nd Respondents declared invalid and of no legal force or effect. More
This is an urgent chamber application for stay of execution of the judgment in HC 2315/23. The judgement was granted in default of the applicants on 20 July 2023.The judgment is for the ejectment of the applicants and all persons claiming occupation through them from the immovable property described in the order as Stand 12020 Glen View 17 Extension Harare. More
The late George William Noble (“the deceased”) died on 12 March 2019. He left behind a will apparently bequeathing, a piece of land to his children, among them Ernest Albert Noble. I use the word “apparently” because that particular bequest is disputed and forms the subject matter of the present matter. That piece of land is situated in the district of Kwekwe and was identified by the parties as Lot 1 Rolling River Ranch, Kwekwe (“the property”). In the wake of the demise of the deceased, the said Ernest Albert Noble was appointed executor testamentary of his estate and it... More
This is an appeal against the sentence imposed on the appellant by the Magistrates Court sitting at Harare following a full trial on a charge of bribery as defined in s 170 (1) (a) (i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
1. This is an application for bail pending appeal against sentence only.
2. The Magistrates Court sitting at Harare, following a protracted trial, convicted the applicant on a charge of bribery as defined in s 170(1)(a)(i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. The judgment was delivered on 18 November 2022. Sentence was passed on the same date. The sentence imposed was 2 years imprisonment of which 9 months were suspended for 5 years on the usual conditions of good behaviour. The total effective sentence was 15 months imprisonment.
4. The principles applicable in an application... More
This application was filed on 3 May 2021 following a ruling by the first respondent dismissing an application for separation of trials. The first respondent was presiding at the applicant’s trial on two corruption charges namely criminal abuse of duty as a public officer, a crime defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and corruptly concealing a transaction from her principal as defined in s 172 of the Criminal Law (Codification and Reform) Act. More
