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
The applicant is the former Minister of Public Service, Labour and Social Welfare. The first respondent is the magistrate presiding at the trial of the applicant. The trial is at the instance of the public, represented by the Prosecutor General, hence the involvement of the second respondent. The applicant and the former Acting General Manager of the National Social Security Authority (“NSSA”) were jointly charged with the crime of criminal abuse of duty as public officers as defined in s 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”). More
The first applicant is a widow seeking a declarator to rights to a house. The first respondent is the daughter to the deceased and also the executor to his estate. On the face of the application she had been sued in her personal capacity but it was not in dispute that she is the executor of the estate of the late Hubert Masara. A point in limine was raised regarding the fact that as she had not been cited in her official capacity this could have possible implications on costs. An application was thus made at the hearing to cite... More
