The 27year old accused is facing the charge of murder as defined in Section 47(1) of the Criminal law [Codification and Reform Act] (Chapter 9:23) [The Criminal Law Code]. The essence of the charge is that on 29 May 2023 at Mhandamabwe Business Centre, in Chivi the accused caused the death of the then 38 year old now deceased MARUFU KWANGWARE. The accused hails from Ntunjibila, Matopo’s in Bulawayo. He had been employed for about 3 months in Chihombodo Village, near Makovere Primary School in Chivi as a domestic worker looking after the employer’s homestead, herding cattle and doubling as... More
: The appellant found his way to this court through an appeal against both conviction and sentence. He was convicted of Stock Theft contrary to section 114 (2) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] by the Magistrates Court sitting at Nyanga and he was sentenced to the mandatory minimum sentence of 9 years imprisonment on 11 January 2024. When we heard the submissions from counsel on the 13th of November 2024, we found no merit in the appeal and we accordingly dismissed the appeal against conviction and sentence and we indicated that the reasons will... More
This is an application for an interdict brought by the applicant against the respondents and all those who act through them. Applicant alleges that it is a church, which has been in existence since 1960, owning several properties. On the other hand, the respondents are portrayed as ex-members of a breakaway faction of the same. More
The parties appeared before this court arguing over agreement of sale of a certain piece of immovable property known as Remaining Extent Of Lot 301 of Greendale situate in the District of Salisbury measuring 6092 sqm including vested roadway held under Deed of transfer No 450/89.The respondent deed of transfer is annexed to the opposing affidavit marked annexure B1-B3.The immovable property is registered in the respondent is also described in B2 as “ Certain piece of land being the remaining extent of lot 301 of Greendale situate in the District of Salisbury measuring 6092 sqm including vested roadway” A dispute... More
The applicant seeks an order confirming that the agreement of sale which it entered into with the first respondent in respect of certain immovable property is valid and binding. Pursuant to such confirmation, it seeks an order evicting the first respondent and all those claiming their right on occupation through her from the said residential property. The property in question was identified as Stand No. 1191 Mandara Township, Zvishavane (“the property”). More
The applicants` counsel failed to capitalise on the facility provided by rule 53 (2) of the High Court (Commercial Division) Rules SI 123-20 (“the Commercial Court Rules”) to manage postponements. As a result, applicants failed to meet a set down commitment at 12:00 noon on 27 June 2024.I proceeded to strike its matter off the roll with costs. Applicants had in that matter sought an order to place respondent under corporate rescue in terms of section 124 of the Insolvency Act [Chapter 6:07]. More
[1] This is an appeal against the order of the Magistrates Court sitting at the Bulawayo Magistrates Court. The appellant, Thembani Lunga, is a tenant at Flat 5 Sanlee Court, Bulawayo ("Flat 5"). The appellant was initially represented by a firm of legal practitioners, who have since renounced agency. The respondent, Rita Yvonne Sher, is the owner of Sanlee Court. The appellant and the respondent concluded a lease agreement in respect of Flat 5. In terms of this lease agreement, the appellant had to pay a rent of USD250.00 a month and his pro rata share of the operating costs.... More
