Njanji and 2 Others v Prosecutor General and 2 Others (237 of 2023) [2023] ZWHHC 310 (6 April 2023)

Njanji and 2 Others v Prosecutor General and 2 Others (237 of 2023) [2023] ZWHHC 310 (6 April 2023)

The application for rescission is not properly before the court because the original order was granted in criminal proceedings, and section 29(1)(a) of the High Court Rules, 2021 does not apply to criminal matters.

Source-derived case information.

Citation
[2023] ZWHHC 310
Parties
Applicant: Maxmore Njanji; Applicant: Chita One Logistics (Pvt) Ltd; Applicant: Square Family Trust; 1st Respondent: Prosecutor General; 2nd Respondent: Registrar of Deeds; 3rd Respondent: Registrar of Motor Vehicles
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
6 April 2023
Case Number
237 of 2023
Procedural Posture
Opposed Application / Application for Rescission of Order
Outcome
Application struck off the roll
Legal Topics
Rescission of Judgment, Property Seizure, Money Laundering, Jurisdiction
Source Language
english
Criminal Law Civil Procedure Rescission of Judgment Property Seizure Money Laundering Jurisdiction

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Parties

Maxmore Njanji

Applicant

Chita One Logistics (Pvt) Ltd

Applicant

Square Family Trust

Applicant

Prosecutor General

1st Respondent

Registrar of Deeds

2nd Respondent

Registrar of Motor Vehicles

3rd Respondent

Procedural Posture

Opposed Application / Application for Rescission of Order

Legal Issues

  1. 1 Whether the order was erroneously granted in the absence of the applicants
  2. 2 Whether section 29(1)(a) of the High Court Rules, 2021 applies to a criminal property seizure order

Ratio Decidendi

The application for rescission is not properly before the court because the original order was granted in criminal proceedings, and section 29(1)(a) of the High Court Rules, 2021 does not apply to criminal matters.

Court Disposition

Application struck off the roll

Orders

  • The application be and is struck off the roll.