The applicant has approached this court seeking to be admitted to bail pending appeal. The application is opposed by the State on the ground that there are no prospects of success in her appeal. The applicant was convicted and sentenced on charges of fraud (3 counts) contrary to s 136 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) on 2 August 2024. The total effective sentence was thirty (30) months imprisonment after portions of it were suspended on conditions of good behavior and compensation to the victims. More
The notice of application for review sets out three (3) grounds for review being bias, irrationality and predetermined outcome. In the course of oral argument respondent abandoned its objection to the 3rd ground (predetermined outcome). As for the 2nd ground (irrationally) it is just 6 lines which essentially say the decision impugned was based on applicant’s absence from the hearing without considering the reasons for the absence. This Court considers it as a cognisable ground for review. Apparently, respondent’s real beef is about the 1st ground (bias). The ground was broken down into 9 paragraphs. These cover a range of... More
This is an appeal against the judgment of the Magistrate sitting at Harare.
The appellant was the plaintiff in the court a quo while respondent was the defendant. The issues before the trial court and indeed before us were narrowly defined. Plaintiff lent the defendant the sum of US$15 000 in February 2016. An acknowledgement of debt was signed to that effect. The acknowledgement of debt is contained at p 18 of the record. The defendant does not dispute signing the acknowledgement of debt. More
Applicant seeks a declaratory order in the following material terms; -
1. It is declared that the respondent does not own any shares neither is it a shareholder of applicant and has no right and or title to claim as regards the exercise of shareholder powers/rights within applicant.
2. Any act done or performed by the respondent whilst purporting to be a shareholder of the Applicant be and is hereby declared null and void. More
The applicant is a holder of a lease agreement with the fourth respondent in respect of Stand number 5098 Saturday Retreat, Harare (the property). The applicant has been paying rentals to the fourth respondent in terms of that agreement. The applicant claims that the first and second respondents, who are members of the third respondent invaded the property and built structures thereon. This was done without the permission of the applicant and the fourth respondent. The applicant has instituted eviction proceedings against the respondents which proceedings have been defended. The applicant believes that the respondents have no bonafide defence to... More
The applicant is the Messenger of the Magistrate Court at Karoi who approached the taxing officer requesting taxation of storage costs in respect of copper which was attached ad fundandum jurisdictionem under Case Number HC 10736/14. Pursuant to the order founding jurisdiction, respondent herein instituted proceedings for delictual damages under case number HC 805/15. The litigation was protracted. The parties eventually resolved their dispute and entered into a deed of settlement on 31` July 2023. The said deed was amended by an addendum dated 10 December 2023. The copper which was attached to found jurisdiction belonged to Tenke Fungurume Mining... More
This is an appeal against the judgment of the Magistrate sitting at Harare Magistrates Court.
The parties entered into what is termed a BOT agreement, which is a Build, Operate and Transfer agreement. Essentially the agreement is encapsulated in a document at p 46 of the record. More
