The appellant is appealing against the whole judgment of the High Court (the court a quo) in which it upheld the first respondent’s suit against the appellant claiming a declarator and a half share of Usaramu Farm (the Farm), whereupon the court a quo issued the following order:
“Accordingly therefore it is hereby ordered as follows:
1. It is hereby declared that Usaramu Farm was jointly acquired by the Plaintiff and the late Christen Chauraya.
2. The plaintiff’s claim for a half share in the farm is hereby allowed to an extent whereby parties have to take appropriate legal steps... More
The second respondent, Monica Gondo, had entered into an agreement of sale with the applicant’s former husband when there was no valid subdivisional permit at the time the sale was concluded. Accordingly, the subsequent transfer to the second respondent was defective, fatally so. The applicant challenged the validity of that sale through an application for cancellation of title made before the High Court. The high Court, according to the applicant, erroneously found that the matter was “res judicata” and upheld the second respondent’s preliminary objection on that ground. The second respondent, through her legal practitioners, founded part of the basis... More
This is an appeal against the judgment of the High Court of Zimbabwe ordering the return of all the goods belonging to the first and second respondent attached pursuant to a default judgment granted earlier by the same court against the second respondent. The judgment appealed against also ordered that the returned goods remain under judicial attachment until the finalisation of the proceedings between the parties. More
On 7 January 2014, the appellant was admitted to the Avenues Clinic, a private hospital run by the respondent. At the time of admission, she was expecting her first child. She suffered a miscarriage a few days after she was admitted to the hospital. She then sued the respondent for damages as a result of the miscarriage. The matter proceeded to trial before the High Court. After the close of the plaintiff’s case, the respondent applied for absolution from the instance. The court ordered that the respondent be absolved from the instance and ordered More
The appellant, “Old Mutual Zimbabwe” created a trust, whose purpose, as captured in the trust Recordal “was to promote the objectives of the Indigenisation Laws and to comply therewith, and as an incentive scheme for the employees of the Company and its subsidiaries.” The Minister of Youth Development, Indigenisation and Economic Empowerment, who was the authority responsible for administering the Indigenisation and Economic Empowerment Act [Chapter 14:33], gave his approval of the trust and confirmed that it complied with the legislation on Indigenisation and Economic Empowerment. More
