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The applicant sought to be admitted to bail pending appeal and the respondent opposed the application. I must mention that the respondent initially consented to the application but subsequently withdrew the accession and filed papers in opposition. The withdrawal is not an issue in the sense that submissions by counsel are not binding to the court but are mere guidelines. At the end of this whether there is a consention or not the court has to come up with a decision. It is clear from the record attached to the applicant’s bail statement that the applicant together with a co-accused... More
The appellant, who was 18 years at the time of the alleged offence, was found guilty of raping an old woman of 77 years. He appeals against both conviction and sentence. He raised four grounds of appeal. The first ground was that the learned trial magistrate misdirected herself by convicting the appellant in light of the fact that the appellant gave a version of events which was reasonably possibly true and was not demonstrated to be false by the evidence led during trial. More
TINASHE MUTARISI VERSUS UNITED FAMILY INTERNATIONAL CHURCH AND CHITUNGWIZA MUNICIPALITY (2012-11-22)
This is an urgent chamber application for an interdict restraining the first respondent from encroaching onto the applicant’s immovable properties described as Stands 19774 and 19775 Town Centre, Seke South, Chitungwiza. The application is opposed by both the first and second respondents. The second respondent only filed its opposing papers after I had asked that it places the correct facts on record given that the evidence tendered by both the applicant and first respondent suggested that the dispute had arisen as a result of the conduct of the second defendant in relation to those two parties. More
The 1st defendant leased its premises to the plaintiff in June 2009 for the warehousing, storage and related handling of tobacco bales. The 2nd defendant contracted to provide security services for the premises and its contents. Following the loss of 1446 bales of tobacco, the plaintiff sued both defendants for their value in the sum of US$438,355. The plaintiff’s claim is grounded in contract or, in the alternative, in negligence. More
After hearing the parties to this dispute, I dismissed the application and indicated that the reasons for the dismissal will follow. More
This is an application for leave to execute judgment pending the determination of an appeal against the judgment of this court dated 24 January 2012. The background to this application is as follows: More
This is an application filed by the applicant company against the respondent on 31 October 2011, to confirm the cancellation of the marketing licence agreement between them, his eviction and that of his assignees, invites, sub-tenants or any other persons claiming occupation through him from the service station, the payment of US$20 737.03, interest at the prescribed rate, collection commission in terms of the Law Society by-laws and costs on the scale of legal practitioner and client. The respondent opposed the application on 18 November 2011. More
