Bulawayo High Court - 2011 April

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4 judgments

Citation	Judgment date
April 2011
Nyoni v Dibden Services (Pvt) Ltd and Anor (XREF HC 876 of 2010) [2011] ZWBHC 62 (27 April 2011) Non‑party's urgent stay of execution refused for lack of urgency and absence of imminent harm; application dismissed with costs. Civil procedure — Urgent chamber application — Interim relief sought by non‑party to stay execution of prior judgment — Requirement to prove urgency and imminent/irreparable harm — Joinder and rescission applications pending not sufficient to justify interlocutory relief.	27 April 2011
S v Sibanda CRB G 440/10 and Anor (CRB G 440 of 2010; CRB G 441 of 2010) [2011] ZWBHC 79 (20 April 2011) Widowhood does not constitute "special circumstances" to avoid the Mines and Minerals Act's mandatory two-year sentence. Criminal law – Mines and Minerals Act s368(4) – Mandatory minimum sentence of two years for prospecting without a licence – "Special circumstances" – Whether widowhood with minor children qualifies – Sentencing review and credit for community service.	20 April 2011
Dube v Dube (HC 1290 of 2008) [2011] ZWBHC 60 (6 April 2011) The applicant improperly transferred the jointly-built matrimonial home to a trust; it must be divided 50/50; businesses remain separate. Family law – division of matrimonial estate – matrimonial home transferred to family trust – whether asset forms part of matrimonial estate – separate business enterprises – entitlement to maintenance.	6 April 2011
ZPRA Veterans Trust v fallen Heroes Trust and Ors (HC 880 of 2011) [2011] ZWBHC 61 (6 April 2011) Interim interdict granted to stop unauthorised, non‑scientific exhumations pending a nationally agreed forensic process. Exhumation — interim interdict to restrain unauthorised, non‑scientific exhumations; preservation of evidence and potential crime scenes; ministerial duty to prevent unauthorised exhumations; urgency and uncontested application.	6 April 2011