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The above matters have been consolidated in the interest of and at the behest of the parties. In this judgment I shall refer to the application under case number HC 5566/11 as “the first case” and the application under case number HC 5584/11 as “the second case.” More
Both matters were dealt with by the same provincial magistrate sitting at Kwekwe and the issues which exercised my mind are common to both cases.
The facts giving rise to the charges and convictions in both matters can be summarised as follows:
1. MORRISON NCUBE AND 3 ORS
All the four accused persons are juveniles attending school at Fatima High School and are in Form 4. Accused 1 is aged 17 years, accused 2, 16 years, accused 3, 17 years and accused 4, 16 years. They all pleaded guilty to the charge of contravening s 113 (1) of the Criminal... More
On 8 March 2011 I dismissed this application on the ground that it was not properly before the court.
The legal practitioners for the second to fifth respondents has since written requesting for reasons for my ruling. These are they:
On 8 September 2010 the applicants (i.e. 59 Beneficiaries of Valley Lane Housing Scheme) filed an application seeking the following relief:
“IT IS ORDERED THAT:
1. The first respondent shall forthwith, that is to say, within two hours of service of this order upon him or his agents, employees or invitees restore possession and control of the fifty nine (59)... More
This matter in my view highlights some of the glaring conflicts between customary law and the general law. This matter presented itself before me in chambers on a certificate of urgency in terms of r 244 of the High Court Rules 1971 as amended. More
In this urgent chamber application the applicant sought a provisional order in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
1. The provisional order is herein confirmed.
2. The first respondent shall produce to this court the offer letter upon which he relies for his claim to be entitled to occupy any part of Nyamakari Farm in the Burma Valley area of the Mutare District and shall satisfy this court that it has been lawfully secured before he again seeks to secure occupation of any part of that Farm.
3. The second respondent is directed forthwith to inform the... More
This is an appeal against the entire judgment of the High Court of Harare handed down on 25 August 2016. At the end of hearing in this matter we dismissed the appeal with costs and indicated that the reasons would follow. More
After hearing arguments from both counsel, I ordered as follows:
a) That the Notarial Deed of Trust executed on the 13 February 2001 establishing the first respondent be and is hereby amended by the deletion of the second respondent’s name as a trustee wherever it appears in the Deed of Trust.
b) That an independent Estate Agent of repute operating in Harare be appointed as a Trustee by consent of the first and second respondents within seven days of this order and failure of which the Master of the High Court appoints an Estate Agent within seven days of the... More
