: Before the hearing of this matter, parties had engaged each other and on the date of hearing 11 November 2024, they submitted that an order by consent be issued covering the following:-
1. that the exception succeeds with the plaintiff being granted 5 (five) days to amend its summons.
2. that the parties engage and conclude on statement of agreed facts addressing the special plea of res judicata.
3. that either plaintiff or first Defendant may file supplementary heads of argument addressing res judicata.
4. that the court determines the matter on the special plea, on the papers filed... More
TSANGA J
This is an opposed application for amendment of summons and declaration with costs sought on a higher scale. The applicant alleges that she had been given the impression that the respondent does not have any source of income until she came across his bank statement. She had a claim for maintenance of children and sharing of property on divorce and hence deems the amendment crucial to those claims. More
Chesa for the State
MUREMBA J: The issue of granting bail to persons accused of robbery, particularly in cases of robbery involving the use of firearms, is a contentious and polarizing matter in this country. Robbery, committed in aggravating circumstances, is a heinous and violent crime. A significant increase in such robberies has, unfortunately been reported across the country. It is a crime that poses a grave threat to societal safety, fuelling widespread public calls for tougher measures, such as harsher penalties and denial of bail for those accused of it. Many people express outrage and frustration when bail is... More
: The accused, who engaged in sexual intercourse with his 15-year-old stepdaughter, was acquitted of two charges of rape as defined under Section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the CODE). Instead, he was convicted of the competent verdict of having sexual intercourse with a young person, in contravention of Section 70 of the CODE, on the basis that he enticed the complainant into engaging in consensual sexual intercourse with him. More
The applicant was arraigned before the first respondent on 8 August 2023 on charge on Frand as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant pleaded not guilty and the matter proceeded to trial with the second respondent leading its evidence in a bid to prove its case. There after the second respondent closed its case and the applicant proceeded to apply for discharge in terms of s 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (The Act). The application was opposed by the second respondent. The first respondent made a... More
The applicant is Stewart Phillip Cranswick a minority shareholder in the first respondent. The first respondent is Meikles limited a publicly listed company incorporated in terms of the laws of Zimbabwe. The second respondent is Meikles Consolidated Holdings (Private) Limited, a corporate registered in terms of the laws of Zimbabwe and the largest shareholder (holding 48,38% of the issued share capital) in the first respondent. The third respondent is John Ralph Thomas Moxon, a director in the second respondent and a chairman of the first respondent. The fourth respondent is the Zimbabwe Stock Exchange, a corporation set up in terms... More
This is a ruling on a point of law raised in a parent dispute whose fuller facts I set out under judgment number HH 93-24. In essence, applicant approached the court on motion seeking an order declaring two agreements of sale of land between itself and first respondent invalid. It also prayed for the refund of purchase price in the sum of US$220,000. This is the extant dispute between the parties More
