Court Judgements
High Court of Bulawayo Judgements
This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of Section 82(1) of the Parks and Wildlife Act 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in Section 11 of the General Law Amendment 5/2011 “possession of raw unmarked or unregistered ivory. The applicant denies the charges and contends that he is a proper candidate for bail. The State opposes this application. More
The 1st applicant and 2nd respondent are Korean nationals. They are shareholders and directors in the 2nd applicant, a company they established in Zimbabwe in September 2016 known as Arocet Investments (Pvt) Ltd. The 1st applicant alleges that there are serious disputes between himself and the respondent arising from the respondent’s failure to pay up for their shares, amongst other issues. More
The applicant, Citizens for Coalition Change, a political party (“the party”) claims that it was in peaceful and undisturbed possession or occupation of its offices which are situated at Stand 41, Fort Street, Between 2nd and 3rd Avenue, in Bulawayo (“the property”). Its statement is that on or about 30 January, 2024 the respondent, one Nelson Chamisa (“Chamisa”) forcibly took control, occupation and possession of its property. He did so, it insists, through his agents, assignees, proxies and/or employees (“his alleged team”). These, it avers, proceeded to paint the property and its precast wall in blue and black colours. They,... More
The appellant Urban Council was arraigned before a Provincial Magistrate sitting at Tredgold on 6th July 2016 on a charge of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). The allegations against the appellant being that on 5th December 2013 and at a tower light along Matshemhlophe Road, opposite Induba Primary School in Iminyela Suburb, Bulawayo, the appellant negligently caused the death of Shepherd Mpala Mgcini who was electrocuted when he came into contact with an unearthed armoured electric cable. Appellant pleaded not guilty to the charge but following a full... More
This is an application for rescission of a default judgment brought in terms of Order 49 rule 449 of the High Court Rules, 1971. The judgment sought to be set aside was granted in favour of the 1st respondent on the 4th October 2012. The applicant contends that the judgment was entered without his knowledge and that he only became aware of its existence on 17th January 2018 when his legal practitioners were served with a letter from 1st respondent’s legal practitioners dated 16 January 2018. The applicant avers that the default judgment was erroneously sought and obtained. It is... More
