Court Judgements
High Court of Mutare Judgements
Sometime in July 2021 Jeffm Auctions (Pvt) Ltd (first respondent) placed advertisements in the media informing interested parties about a pending public auction to be conducted on behalf of Forestry Commission (second respondent) on 24 July 2021. On offer were a Sanding Machine, Hot Press System and Glue Spreader. Applicant was attracted by the advert and proceeded to abide by the preliminary prerequisites of obtaining a bidder’s card and made payments. On the set date applicant attended the auction and emerged the highest bidder of all the threat lots. What is not clear on the record is why the prices... More
Applicant is the registered proprietor of the Nissan Caravan under seizure. It’s a 2004 model which he purchased for US$3500. Sometime in December 2020 he was hired by Andrew Kaspara to ferry 160 cases of alcoholic beverages of Mozambican origin into Zimbabwe. Applicant was informed by Andrew Kaspara that the goods had been cleared, so he did not know that they were hot. On 23 December, 2020 the loaded motor vehicle was intercepted by Mutare Central Police Station details at Border Streams, Vumba area along the Zimbabwe-Mozambique borderline and both applicant and Andrew Kaspara were arrested for smuggling. Andrew Kaspara... More
On 15 September 2020 the respondents municipal police went to Stand 5221 Mutare Township and destroyed applicant’s temporary structure on the pretext that applicant had no authority to construct any structures at the site. Applicant had no approved building plans to build and the structure was thus illegal. The land development at the stand was not sanctioned by the local authority. Respondents officials went on to destroy the structure and took the materials specified in the draft order as detailed in the prayer spelt out above. The applicant contends in its papers that such an action constitutes spoliation and then... More
On 18 September 2020 the appellant was convicted of the offence of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was duly sentenced to 12 months imprisonment of which 3 months imprisonment were suspended for 5 years on condition the appellant does not commit any offence involving assault for which he is sentenced to imprisonment without the option of a fine. Effective 9 months imprisonment. His co-accused both minors both had passing of sentence postponed. Dissatisfied with the sentence only the appellant lodged the present appeal with this court.... More
Plaintiff married defendant at Mutare in terms of the Marriage Act, [Chapter 5:11] on 30 August 1994. On 13 June 2017 he caused summons for divorce and ancillary issues to be issued. There are no minor children. Parties agree that the marriage relationship between them has irretrievably broken down to an extent that there is no hope of restoration of a normal relationship. During the duration of the marriage the parties acquired an immovable property being Stand 5216 Zimta Park, Mutare. The parties have agreed that in the event of a decree of divorce being granted by this court the... More
