Bulawayo High Court - 2010 March

Sort by:

3 judgments

Citation	Judgment date
March 2010
Sijiye v Phiri and Ors (HC 1583 of 2008) [2010] ZWBHC 15 (24 March 2010) Applicant had standing but failed to show default judgments were erroneously granted; rescission dismissed with costs. Civil procedure – Rescission of default judgments – Order 49 r 449(1)(a) applicable to judgments granted in applications – Locus standi requires direct and substantial interest – Proper service and absence of opposition preclude rescission.	24 March 2010
Gasele v Malinga and Ors (HC 736 of 2005) [2010] ZWBHC 12 (10 March 2010) Purchaser who paid and developed stand entitled to transfer despite lack of municipal consent; seller must sign transfer. Property law – specific performance – municipal consent to sale not obtained – doctrine of fictional fulfillment – purchaser who pays price and develops entitled to enforce transfer against seller; dispute of fact insufficient to preclude dispositional order on papers.	10 March 2010
S v Mapurisa and Ors (HCB 12 of 2010; HCB 13 of 2010; HCB 14 of 2010; HCB 15 of 2010) [2010] ZWBHC 13 (10 March 2010) Bail refused where strong identification, recovered weapons/vehicle, and risk of abscondment and further offending existed. Bail pending trial — aggravated robbery — identification parade and recovery of getaway vehicle and firearms — destroyed statements and alleged coercion — risk of abscondment and of committing further offences — s116(7) Criminal Procedure and Evidence Act.	10 March 2010