Bulawayo High Court - 2020 February

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6 judgments

Citation	Judgment date
February 2020
Antech Labouratories (Pvt) Ltd v Permanent Secretary for Mines and Mining Development & 2 Ors (HB 19 of 2020; HC 2790 of 2018) [2020] ZWBHC 19 (27 February 2020)	27 February 2020
Ndlovu v CABS & 2 Ors (HB 39 of 2020; HC 1701 of 2019) [2020] ZWBHC 39 (27 February 2020) Applicant failed to show sale in execution was unreasonably low because relied-upon valuation reports were unreliable. Civil procedure – sale in execution – setting aside a sale – requirement of cogent evidence; valuation reports – unsworn, no qualifications, limited probative value; one opinion does not establish market value; courts reluctant to interfere with bona fide sales in execution.	27 February 2020
Tarinda v Cake Fairy (Pvt) Ltd & Anor (HB 38 of 2020; HC 2332 of 2019; XREF HC 2301 of 2019) [2020] ZWBHC 38 (27 February 2020) Application for provisional judicial management dismissed due to lis pendens; Insolvency Act raised in answering affidavit was improper. Companies Act — provisional judicial management — lis pendens (lis alibi pendens) — same parties, cause and subject matter — duplication of proceedings — answering affidavit must not introduce new statutory basis (Insolvency Act) — costs ordinary scale.	27 February 2020
S v Tshuma (HB 11 of 2020; HCAR 71 of 2020; Ref CRB GKP 2031 of 2010) [2020] ZWBHC 11 (13 February 2020) Restitution and mitigating factors rendered a seven-year arson sentence manifestly excessive; reduced to four years with suspensions. Criminal law – Arson – Sentencing – Restitution as mitigating factor – Manifestly excessive sentence – Guilty plea and first offender status – Suspension conditions.	13 February 2020
Nkala v PT Madiba N.O. & Anor (HB 17 of 2020; HC 1522 of 2014) [2020] ZWBHC 17 (6 February 2020) Proceedings quashed for gross irregularity and denial of hearing; matter remitted for rehearing before a different magistrate. Judicial review – gross irregularity – refusal of postponement – denial of audi alteram partem – dismissal on technicality – grant of cession without resolving ownership – remittal for hearing de novo, viva voce evidence and possible inspection in loco.	6 February 2020
Nyoka v Ncube & Anor (HB 16 of 2020; HC 112 of 2020) [2020] ZWBHC 16 (6 February 2020) Stay of eviction granted pending rescission where prima facie mining rights, irreparable harm and balance of convenience favoured status quo. Civil procedure – stay of execution pending rescission of default judgment; Order 9 Rule 63(1) & (3) – presumption of knowledge; interim interdict requirements (prima facie right, irreparable harm, balance of convenience, prospects of success, no adequate alternative remedy); mining rights evidenced by certificate of registration.	6 February 2020