This is an application for a discharge at the close of the State’s case in terms of the provisions of section 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07]. The application is opposed. At the close of the evidence for the prosecution, the defence counsel applied for the discharge of the accused. The discharge was sought on the basis that, at the close of the State’s case, there was no evidence against the accused person that required a reply from him. More
[1] On 11 September 2024, the magistrates’ court handed down a judgment upholding the respondent’s preliminary point that there were material disputes of facts and dismissing the appellant’s court application for the eviction of the respondent. More
[1]This matter concerns an agreement of sale of immovable property. The plaintiff, The Trustees for the time being of the Matutu Family Trust, instituted summons against the defendant, Mr. Courage Kudakwashe Mushunje, seeking the following relief:
(a)a declaratory order that the cancellation of the Agreement of Sale dated 20 February 2023 was premature and in breach of contract;
(b)an order for specific performance compelling the defendant to render vacant possession of Stand No. 2018 Eastlea, Zvishavane, as per Clause 4 of the Agreement of Sale, within seven (7) days;
(c)an order directing the defendant to comply with Clause 3(ii) of... More
(1)This is a summons commencing action for payment of USD$34 000 being the refund of the purchase price paid by the plaintiff to the defendant pursuant to a sale and purchase agreement.
(2)The matter proceeded as a stated case to be argued only on two issues. The first being prescription and the second being whether the provisions of SI 33 of 2019 is applicable to this case. More
DUBE-BANDA J:
[1] This is a summary judgment application. At the moment this matter was called out, Mr Gumiro counsel for the respondents stood up intending to raise some preliminary issues for consideration by the court. Ms. Mahere counsel for the applicant objected indicating that counsel for the respondents had no right to begin. However, I allowed Mr Gumiro to place on record the preliminary issues he sought the court to consider.
[2] Mr Gumiro raised two preliminary issues; the first was that the seventh respondent is now deceased and no executor has been appointed to be substituted for him... More
This is an application for bail pending trial. It is opposed by the state. The applicant faces one count of murder. It is the state’s allegation that the accused committed the offence with one Cabangani Mathe. In fact, what the state alleges is that accused procured the deceased and handed her over to Cabangani Mathe who took the deceased to a spot in Botswana and murdered her. More
The plaintiff sued the defendant for breach of contract. In its plea the defendant has raised an objection that the matter ought to be referred for arbitration as per agreement of the parties. That objection has been resisted by the plaintiff who also fights back that the objection was not raised procedurally. More
