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HLATSHWAYO JA:This is a chamber application for condonation for failing to note an appeal within the prescribed time limits and extension of time within which to note an appeal in terms of r 43 of the Supreme Court Rules, 2018 (the Rules). The applicants seek an order in the following terms:
1. The application for condonation for non-compliance with r 38 of the Supreme Court Rules, 2018 be and is hereby granted.
2. The application for extension of time within which to file and serve a notice of appeal in terms of the rules be and is hereby granted.
3.... More
After the provisional order had been granted, the first respondent sought the joinder of the appellants which was granted. On the return date the High Court, after hearing the parties, granted an order which had not been sought by either party. The appellants noted an appeal against that order and raised four grounds of appeal of which the third ground attacked the granting of an order not sought by the parties. In their Heads of Argument, the respondents conceded that the court a quo had irregularly granted an order not sought by the parties. More
On 31 March 2020, this Court handed down judgment number CCZ 4/2020, disposing of two applications made by the first and second respondents against the applicants and the third and fourth respondents under cases number CCZ 57/2017 and 58/2017 respectively. The two applications, filed separately and on different dates, were brought in terms of s 167 (2)(d) of the Constitution as read with r 27 of the Constitutional Court Rules 2016, alleging that the second applicant had failed to fulfil the obligation to pass Constitutional Bill (No 1) of 2017 in accordance with the Constitution. More
HLATSHWAYO JA: This is an appeal against the entire judgment delivered by the Honourable Justice Zhou in the High Court of Zimbabwe.
The order sought to be impugned reads as follows:
“IT IS ORDERED THAT:
1. Judgment be and is hereby given in favour of the plaintiff against the first, second and third defendants jointly and severally the one paying the others to be absolved for:
(a) Payment of US$1 105 748.90 plus interest at the rate of 15 per cent per annum from the 9 September 2015 such interest calculated monthly and in advance on the said sum and... More
This is an appeal against the judgment of the High Court sitting at Masvingo delivered on 24 June 2020 which dismissed with costs the application made by the two appellants for a declaratory order and an interdict.
FACTUAL BACKGROUND
The two appellants are sugar producing giants in the Lowveld while the first respondent is the statutory body charged with revenue collection in Zimbabwe. The remainder of the respondents are either sugar cane farmers or associations representing such farmers. The respondents will be referred to in this judgment for convenience, as Zimbabwe Revenue Authority and the farmers respectively More
The appellants are nine cooperative societies which have been dishing out residential stands at a piece of land known as Saturday Retreat Estate (the land) for quite some time. The land is held by the first respondent by Deed of Transfer number 4035/86 and was acquired by the Government of Zimbabwe for urban development by Acquisition of Land Order dated 20 March 2014. More
GUVAVA JA:
1. This is an appeal against the whole judgment of the High Court (court a quo) sitting at Harare dated 11 July 2019. The courta quodismissed the appellant’s application seeking a review of the first respondent’s decision to call three new witnesses during a criminal trial.
2. The delay in handing down this judgment is regretted but was due to circumstances beyond my control.
3. The facts of the matter which are pertinent to this appeal may be summarized as follows. The appellants were jointly chargedwith perjury and fraud as defined in ss 183(1) and 136 of the... More
