Court Judgements
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This is an appeal against the refusal by the court a quo to grant the appellant bail pending trial.
The background facts are these: - The appellant is an Egyptian national. On 12th November 2021 he came to Zimbabwe on a visa which was due to expire on 12th December 2021. He did not leave the country when the visa expired but stayed on until 7th March 2022 when he was arrested by Immigration officials at number 19 Barring Drive Barham Green where he was staying with his wife, who is Zimbabwean. More
The applicant has petitioned this court to review the decision of the second respondent to issue the first respondent with an offer letter for land called subdivision 33 of Triangle Ranch 3 (s 13) measuring 22.87 hectares situated in Chiredzi, Masvingo Province. The offer of the landholding was made under the Land Reform and Resettlement Programme (Model AZ Phase 11). The letter is dated 29 July, 2020. The applicant moves the court to grant him the relief which he expressed in his draft order annexed to the founding affidavit in the following wording;
“IT IS ORDERED THAT:
1. The decision... More
On 29 June 2022 after hearing submissions by counsel we proceeded to dismiss the appeal in respect of the conviction and partially acceded to the appeal in respect of the sentence moreso as the state (the respondent) had made concessions in respect the appeal against the sentence. More
The applicant filed this application through the urgent chamber book. He moved me to interdict the respondent from:
(i) evicting him from Stand number 3191 Bluffhill Township, Harare.
(ii) demolishing any structures which were/are erected on the same – and
(iii) impounding any assets which were/are at the stand. More
MOYO J: This is a court application for a declaratur seeking an order as follows:-
1) The respective mutual separation agreements signed on 10 July 2020 by the applicants on the one side and the respondent on the other side, be and are hereby declared null and void and unenforceable.
2. That 1st and 2nd applicants be and are hereby reinstated into the employment of the respondent forthwith with full benefits and without any loss of benefits and or any other emoluments and entitlements otherwise due to them had their employment not been terminated on 10 July 2020.
3) That... More
The applicant appeared before a magistrate sitting at Bulawayo on the 29th of June 2022 facing allegations of contravening section 49 of the Criminal Law Codification and Reform Act (Chapter 9:23), culpable homicide. Applicant pleaded not guilty. He was convicted pursuant to a full trial. He was sentenced to 2 years imprisonment. Dissatisfied with the sentence the applicant filed a notice of appeal against sentence only with this court. More
This is an application for rescission of default judgement.
The background facts are that on 22 September 2020 the applicant was served with a copy of summons issued by the respondent. On 24 September 2020 the applicant entered an appearance to defend. On 27October 2020 the applicant filed its plea and counter claim. On 4 December 2020 this court granted a default judgment against the applicant for failure to file a plea. This was clearly as a result a result of misfiling by the Registrar’s office hence the plea and counter claim were not recorded at the time the Court... More
