The history of this matter is long winding and confusing. Astonishingly, what comes out with clarity is the trading of insults between the two legal practitioners. Costs de bonis propies have been sought by both lawyers. More
KABASA J: The applicant is the wife to Jeffrey Moses Runzirwayi who died on 16 January 2021. The applicant was appointed executrix to the estate and it is in that capacity that she brought this application seeking the eviction of the 1st respondent and all those claiming title through him from Lot 56 A Umsungwe Gweru. More
The Applicant entered into an agreement of sale for its property called 672 Scanlen Drive Helensvale with the Respondent on the 16th of October 2018. The purchase price of this property was USD 800 000.00 which was to be paid in instalments. The parties agreed that the settlement for the purchase price had to be done by the 3th of August 2019. Respondent however failed to settle the amount by the stipulated timeline and she had only managed to pay the sum of US$ 489 000.00 owing a balance of USD311 000.00. Applicant proceeded to write a letter notifying the... More
This court held many years ago per MAKARAU J (as she then was) that “…so trite is this proposition or so settled is this position at law that no authority need be cited” . The proposition in question being the requirement that a party purporting to represent a company in legal proceedings must proffer as authority to so act, a valid resolution passed by the company`s directors. More
This is an application for a declaration of constitutional invalidity. It arises from the promulgation of The Criminal Law (Codification and Reform) Amendment Act No. 10 of 2023 (“the Amendment Act”), which introduced, inter alia, ss 22 A (2) and 22 A (3) to the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”). The applicants are impugning the constitutionality of the said new sections. They seek an order in the following terms: More
This is an appeal against the whole judgment of the Magistrates Court (Civil Court) sitting at Harare in case number HRE- CCG 1424/23 which was handed down on 30 January 2024.
The judgment appealed against dismissed an application for rescission of judgment lodged by the now appellant with costs on the ordinary scale. More
MUSITHU J: This application for review was filed in terms of s 27 of the High Court Act [Chapter 7:06]. The applicant seeks the setting aside of the decision of the second respondent which directed the third respondent to advertise and conduct a sale in execution of the applicant’s cotton wool processing plant (the plant) and the subsequent sale in execution held on 29 December 2023. The applicant averred that the procedure leading to the sale of its plant was grossly irregular as it was done in contravention of the provisions of the Magistrates Court (Civil) Rules, 2018 (the rules). More
