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This is an application for condonation of late noting of Review. The facts are common cause. The Applicant was convicted on 12 May 2011 on a Charge of contravening para 14(3) of the First Schedule to the Defence Act [Chapter 11.02] which subsequently led to the convening of a Board of Suitability leading to the dismissal of the applicant from the Airforce of Zimbabwe. The applicant attempted to note his appeal to the Defence Forces Service Commission which unfortunately did not go through as it was out of time and condonation was denied. Applicant had noted his appeal after 9... More
The facts relevant to the resolution of this appeal are largely common cause. The first respondent is the liquidator of Interfin Banking Corporation, (“Interfin”) which is undergoing final liquidation. The second respondent is the company secretary of the first respondent whom the appellant elected to join as a party to the proceedings in her personal capacity for unclear reasons. More
The applicant approached this court seeking the relief for the cancellation of title deed number 551/2013 which was passed in favour of the second respondent and title deed number 552/2013 which was passed in favour of the third respondent. The applicant is also praying for the revival of his title deed number 4027/81. More
On 18 November, 2021 the first respondent wrote requesting reasons for my decision. These are they:
The application is one for a declaratur and consequential relief. The applicant must, in an application for a declaratur, show that he has a direct and substantial, and not only financial, interest in the right which is the subject-matter of the inquiry. Absent that, his application cannot succeed.
Whether or not the applicant in casushowed that it has the requisite interest in the tobacco which is the subject-matter of this application depends, in a large measure, on the evidence which the parties placed before... More
This is an application for rescission of a default judgment entered against the applicant on 27 October 2021 in favour of the first respondent. The default judgment was entered against the applicant in his capacity as the Executor Dative of the Estate Late Matthew Z Chimbgandah in favour of the first respondent a daughter and therefore one of the beneficiaries of the Estate Late Matthew Z Chimbgandah. More
1. This is an appeal against conviction only, the appeal against sentence having been abandoned at the hearing.
2. The appellant was convicted of criminal abuse of duty as a public officer as defined in s 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code).
3. He was sentenced to 14 months imprisonment of which 6 months imprisonment was suspended for 5 years on the usual conditions of good behavior. The remaining 8 months imprisonment was suspended on condition the appellant performs community service. More
The applicant is facing allegations of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant appeared at Gwanda Magistrates’ Court for an initial remand on 4th of May 2022. He was remanded in custody to the 18th May 2022. Applicant desires to be released on bail pending his trial. This application for bail is opposed by the state on the grounds that he is a flight risk. The state contends that applicant is not a suitable candidate for bail as committed a similar offence whilst on bail on another murder charge. More
