On 17 August 2009 the plaintiff issued summons out of this court for the eviction of the defendants and all persons claiming title through them from Stand 332A Muguta Extension Epworth, holding over damages at the rate of US$1-33 per day calculated from 1 February 2009, interest thereon at the prescribed rate and costs of suit. The defendants contested the action and raised both the special pleas of res judicata and lis alibi pendens before pleading over to the merits. More
The applicant seeks the following order;-
“1. A declaratory order do hereby issue to the effect that the light of a surviving spouse to a matrimonial home as a personal light which dies with the holder.
2. A declaratory order do hereby issue to the effect that the right of Clara Mtokela to inherit the matrimonial home from the Estate late Kokerai Dera is not transmissible to Estate late Clara Mtokela.
3. A declaratory order do hereby issue to the effect that the first respondent identifies the correct beneficiaries to the estate late Kokerai Dera.
4. It is ordered that... More
The applicant approached this court on an urgent basis seeking a provisional interim order that the second respondent be interdicted from making any direct payment(s) to the first respondent and that all payments due to the first respondent should be made into Messrs Sande Legal Practice’s Trust Account and to be retained therein pending the hearing and definitive determination of the action proceedings filed against the first respondent under Case No. HC 10934/2017. More
[1] This is a court application to compel the first respondent to issue a rates clearance certificate to the applicant. The application is opposed by the first respondent.
[2] The factual conspectus leading to the current application is that on 9 January 2023, the applicant entered into an agreement of sale with Tinashe Muchivete Zenda, who was acting in his capacity as the Executor Dative of the Estate Late Sydney Kundishona. The agreement was for the sale of an immovable property, known as stand number 1090 Dema Township, situate in the District of Goromonzi measuring 1554 square metres, held under... More
On 9 October 2020, I granted the applicant’s application for bail based on changed circumstances. Not satisfied with my order, the State requested that I supply my reasons for granting bail. I now provide the reasons.
The background to this matter is that the applicant was arrested on 26 July 2009 on allegations of murder and armed robbed together with three accomplices. (See CRB No. 14/16). One of the co-accused, Tendai Jongwe, was granted bail by this Court under B 1227/16. The applicant was indicted for trial before this Court on 25 January 2012. The trial matter commenced 25 January... More
