Court Judgements
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This is an opposed application for condonation and extension of time within which to note an appeal. The application is brought in terms of r 43 of the Supreme Court Rules 2018. More
It is common cause that the applicants are members of the CCC which is a political party. It is the party that nominated them to fill 10 proportional representation seats in the Bulawayo Provincial Council. They were nominated to be on CCC’s Party List. Their complaint is against the 1st respondent’s alleged refusal to allow them to file their nomination papers on the basis that he claimed they were out of time. The Respondents have argued that the applicants do not have locus standi to bring this application to Court. It is their political party that has such rights. The... More
On the 11th of May 2022 and at Lupane Magistrates’ Court applicant appeared on a charge of criminal abuse of office in contravention of section 174 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant pleaded not guilty. The allegations as outlined in the charge sheet are that during the period 23rd September 2021 to 25th September 2021 and at St Lukes Police base, Lupane, applicant a police officer employed by the Zimbabwe Republic Police, and in the exercise of his duty as such, unlawfully and intentionally acted inconsistently, by issuing a Livestock Clearance Certificate Form... More
On 4 February 2019, the parties entered into a lease agreement in terms of which the applicant let its premises, known as Number 6 Cannock Gardens, Cannock Road, Mount Pleasant, Harare to the applicant. The applicant would pay monthly rentals to the respondent, in the sum of seventeen thousand five hundred South African Rand, payable on or before the first day of each month. Due to non-payment of rentals, the respondent demanded vacant possession of the premises from the applicant through a notice dated 28 April 2022. This was followed up by two more letters demanding that the applicant vacates... More
This is the unanimous judgment of this Court. This is an appeal against the judgement of the High Court handed down on 20 July 2023 dismissing the appellant’s application to set aside an arbitral award and registering that award. More
On 21 January 2019, the applicant and the first respondent concluded what they styled an “Export Finance Facility Agreement (“the Agreement”). In terms of the Agreement, the first respondent advanced to the applicant the sum of RTGS 5 100 000,00. The applicant was required to repay the loan facility in the sum of US$ 2 217 291.00. This amount would be realised from export sales of crops grown by the applicant. These are described in the Agreement as “exportables”. The repayment period was 5 years, running from 4 January 2019 to 31 January 2024. The Agreement provided for the deposit... More
The appellant was convicted after a trial on two charges of theft and escaping from lawful custody in contravention of s113 (1) and s185 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On the first count he was sentenced to 6 months imprisonment of which 3 months imprisonment was conditionally suspended on condition of good behaviour the remaining 3 months imprisonment was suspended on condition of restitution. In respect of the second count, he was sentenced to pay a fine of ZWL$ 30 000 in default of payment 30 days imprisonment. More
