Court Judgements
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Plaintiff, an incola, issued summons in April 2004 against first and second defendants both peregrine, claiming damages arising out of a motor vehicle collision that occurred in Harare on 8 February 2004. In early 2006 the defendants raised special plea to the jurisdiction of the court. That special plea was upheld. On April 2006 plaintiff made a chamber application in terms of which on 10 October 2006, this court issued an order attaching certain of second defendant’s mechanical horses and trailers specified in the order. On 1 December 2006, plaintiff withdrew the proceedings in HC 4819/04 and filed the present... More
The applicant approached this court on a certificate of urgency, seeking leave to execute on the “ruling” of the second respondent dated 12 February 2008 in which he was granted a certificate for the ejectment of the first respondent from certain premises in Hatfield Harare. More
On 16 November 2007, the applicant approached this court on a certificate of urgency and obtained a provisional order compelling the respondent to return to it six fuel pumps and other accessories that it had dismantled and removed on 10 November 2007. The provisional order also restrained the first respondent from removing any further equipment from its business premises pending its confirmation or discharge. More
The appellant, a foreign national, was arrested and prosecuted in Zimbabwe for violating the national laws regulating dealings in arms and munitions. He was sentenced to a term of imprisonment. Arising out of the charges and whilst the appellant was still serving his term of imprisonment in Zimbabwe, the respondent made a formal request to Zimbabwe in terms of the Extradition Act [Chapter 9.08] (“the Act”), for the extradition of the appellant. In its request, the respondent alleged that the appellant had illicitly dealt in arms and munitions in Zimbabwe as he was enroute to the respondent where he had... More
The 2nd respondent instituted proceedings for divorce and ancillary relief in case No. HC 1195/04 against the applicant. The applicant filed a counter-claim in which he cited the 1st respondent as the 2nd defendant in that matter. He claimed from the 1st respondent adultery damages alleging that the 1st respondent was the man with whom the second respondent had committed adultery. During the pre-trial conference, the court queried the propriety of joining the 1st respondent in a counter-claim. The applicant now seeks, in terms of Order 13 Rule 87 of the High Court Rules, to join the 1st respondent to... More
The applicant was convicted by a magistrates court sitting at Mbare on a charge of contravening section 113 (1) (a) and (b) of the Criminal Law (Codification and Reform) Act Chapter 9.23. He took property belonging to the complainant intending to permanently deprive the complainant of her control, possession and ownership of such property or in such circumstances that he realized that there was real risk that the complainant would be permanently deprived of her control, possession and ownership of the property. He was sentenced to 36 months imprisonment with 12 months suspended on conditions of good behaviour and restitution. More
The facts of this case can be summarised as follows:
The two appellants were arraigned before the provincial court sitting at Mutare on 27 July 2008. The two were being charged with contravening s 170 of the Criminal Law (Codification and Reform) Act [Cap 9:23], in that they offered some police officers a bribe in the sum of $1200 000-00 (One million and two hundred thousand dollars) as an inducement to the police officers to enable the appellants to enter the restricted Chiadzwa diamond fields for purposes of illegal diamond mining. More
