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MATHONSI JA: This is an application for condonation of the late noting of an appeal and the extension of time within which to appeal against a judgement of the High Court handed down on 1 October 2020. The applicant’s initial appeal filed timeously was struck off the roll on 1 April 2021 for the reason that the notice of appeal was fatally defective. More
On 18 September 2013 first respondent brought an against second respondent seeking second respondent’s eviction from a piece of land situated at Sereko Village, Ward 25, Tombo 2, Nyanga. The basis for such eviction was that she was the owner of that land having inherited it from her late father-in-law in 2007. Second respondent had at one time been leasing the same piece of land from first respondent’s father in law.
Second respondent defended the action arguing that first respondent had no locus standi to sue her for she did not own the land. Second respondent claimed that she was... More
This is an application for the late filing of an application for review. Following a determination in the labour dispute between the employer and the employee the employee breached the legal requirement pertaining to his filing of a review application. It is against this background that the employee seeks to have this court condone his breach and grant him a chance to be heard in his review matter. The employer is opposed to the grant of such condonation and persists that this court decline such indulgence. More
This matter began as an application for a declaratur that the purported issue and allotment of 245 and 124 ordinary shares to first defendant and one Victor Cohen respectively is null and void; that the CR2 return of the allotment is irregular and therefore null and void; and consequently that the second applicant’s shareholding did not change by virtue of these impugned issue and allotment. By judgment of this court on 13 November 2019, the matter was referred to trial, the disposal order of which judgment reads as follows:
“In the result it is ordered as follows;
1. The applicants’... More
The application for condonation for late noting of appeal is dismissed. The reasons are as follows:
As correctly stated by the respondent’s deponent, the applicant has not advanced any grounds of appeal that merit the granting of the application. The purported grounds are just endless submissions that are not clear and concise. It is difficult to ascertain what exactly the applicant is attacking in the judgment of the court a quo. With this, it is difficult to see how and where exactly the court a quo erred. More
This is an application for leave to appeal against the judgment of the High Court (the court a quo). The applicant was convicted of murder with constructive intent and sentenced to 10 years imprisonment. He applied for leave to appeal before the court a quo without success. He now brings the application in terms of s 44 of the High Court Act [Chapter 7:06] as read with r 20 (1) of the Supreme Court Rules 2018. More
On 19 May 2021 after considering papers filed of record and hearing counsel we gave an extempore judgment wherein we dismissed the appeal in its entirety. We undertook to avail written reasons in due course. These are they:
The appellant was arraigned before the Magistrates Court facing a charge of attempted rape as defined in s 189(1)(a) or (b) as read with s 65(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. After a protracted trial the accused who had pleaded not guilty was convicted and sentenced to 5 years imprisonment of which 2 years imprisonment was suspended... More
