Almost every human being has a primal need to have sex. A man with moderate mental impairment who actively initiates sexual intercourse is not a victim of sexual abuse. He is entitled to enjoy it. As such mentally challenged people, depending on the degree of the mental disability desire intimacy like any other human being. Those desires, where appropriate must not be subordinated to those of the so-called rational beings. This appeal however illustrates that where a rational person engages in sex with another who has a mental disability, the line between prison and enjoyment can be very thin More
The applicant approached this court on an urgent basis seeking to temporary interdict the respondent from closing its bank accounts pending the return date. The provisional order sought is couched in the following terms:
TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
It is declared that sanctions issued under Executive Order 13818 of the United States Government and the Designated Nationals and Blocked Persons List by the United States of America’s Office of Foreign Assets Control under the Global Magnisky Program or... More
: 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
This is an urgent court application for a declaratory order in terms of Section 14 of the High Court Act [Chapter 7:06] as read with Rule 59(6) of the High Court Rules, 2021.
At the hearing of the matter counsel for the Respondents raised 6 preliminary points:
(a)That the Applicants failed to file proof of service with the Registrar of this court within 5 days of service of such application on the other parties in violation of Rule 58 (14) of the High court Rules, 2021. That the matter should now be deemed abandoned per sub rule 15 of the... 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
[3] The factual conspectus giving rise to this application is not in material dispute. It is that the applicant was engaged as the respondent’s Underground Manager Paterson Grade G4 between May and June 2018. On 1 March 2019, he was appointed as the respondent’s Statutory Manager and acting Operations Mining Manager. The employment relationship was seemingly marred by irreconcilable differences to the point that on 24 November 2023, the applicant applied to a Principal Labour Officer with the Ministry of Public Service, Labour and Social Services for conciliation. In his application, the applicant laid allegations of non-payment of salaries and... 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
