This is an appeal against the judgment of the High Court (the court a quo) in which it dismissed the appellant’s appeal against conviction for fraud as defined in s 136 of the Criminal Law Codification and Reform Act [Chapter 9:23] (the Code) by the Magistrates Court. More
The application before me is for confirmation of a final order following the granting of a provisional order which was as follows:
1. The first respondent be and is hereby interdicted from disposing of Stand 655 Borrowdale Brooke Township of Stand 137 Borrowdale Brooke measuring 4428 square metres with title currently registered under Deed of Transfer No. 6402/2003 pending the finalisation of this application. More
This is an application for an order to declare s 8(1) of the Immigration Act [Chapter 4:02] (“the Act”) inconsistent with s 50 (2) Constitution of Zimbabwe (Amendment No. 20) Act 2013 (“Constitution”) and invalid. It is contended that s 8(1) of the Act is inconsistent with the Constitution in that it authorises an immigration officer to detain a suspect for a period not exceeding fourteen days without judicial oversight thus offending s 50(2) of the Constitution. The applicant anchors his standing on s 85(1)(d) of the Constitution, which allows any person acting in the public interest to approach a... More
On 21st November 2022, the plaintiff instituted the present summons action in terms of section 14 of the High Court Act [Chapter 07:06], in which he seeks the following declaratory and consequential relief:
a) An order declaring that the 1st Defendant (the Trust) is entitled to subscribe to, and the 2nd Defendant (Zimbabwe Platinum) is obliged to allot to the Trust, ordinary shares in the share capital of Zimbabwe Platinum constituting 10% (ten per centum) of the issued share capital of the Zimbabwe Platinum in terms of clause 3.2 of the ZIMPLATS MHONDORO-NGEZI CHEGUTU ZVIMBA COMMUNITY SHARE OWNERSHIP TRUST MA1315/2011... More
[1] The plaintiff, an individual, sues the defendant, a micro finance company, for payment of US$75 000-00. At trial the plaintiff’s claim reduced to US$63 830-00. The claim is based on two acknowledgements of debt by the defendant in favour of the plaintiff for US$11 500-00 and US$63 500-00 signed on separate occasions. In addition, the plaintiff relies on a certain extract of a resolution by the defendant. In essence this resolution proposed two alternative modes of repayment of the plaintiff’s amounts. More
On 10 May 2014 plaintiff and defendant were married in terms of the then Marriage Act [Chapter 5:11], now the Marriages Act [Chapter 5:17]. The marriage was blessed with three minor children, Jayden Chikwature, born on 22 May 2012, Joshua Liam Chikwature, born on 12 January 2017 and Jordan Seth Chikwature, born on 8 November 2019. On 11 January 2022 plaintiff issued out summons claiming a decree of divorce and ancillary relief. In his Declaration, plaintiff stated that the marriage relationship between the parties has irretrievably broken down to the extent that there is no reasonable prospect for the restoration... More
On 19 April 2023, the applicant sought condonation for failure to file an application for leave to appeal within the prescribed period and for leave to appeal. The first part of the application is in terms of r 43 (3) of the Supreme Court Rules, 2018. The other part is made in terms of r 60 (2) as read with r 43 (7) of the said Supreme Court Rules and s 92F (3) of the Labour Act [Chapter 28:01] (the Act). It is contested by his former employer, National Foods Limited (the first respondent). More
