This matter raises issues that have been canvassed in such cases as Benson Samudzimu v Dairibord Holdings (Pvt) Ltd HH 204/10, Sibangilizwe Dhlodhlo v Deputy Sheriff of Marondera & Ors HH 76/11, Ericson Mvududu v Agricultural and Development Authority HH 286/11 and Gaylord Baudi v Kenmark Builders (Pvt) Ltd HH 4/12. More
The applicant filed a Court Application on 25 February 2005, seeking an order compelling the respondent to surrender to it a lap top computer and accessories and a motor vehicle all fully described in the application. The application was duly served and the respondent filed a notice of opposition out of the time limits prescribed in the rules of this court. Despite notice to the respondent to regularise her papers, nothing was done to uplift the automatic bar against the respondent resulting in the matter being properly set down before me on the unopposed roll. More
The accused was arraigned before the magistrate at Kadoma on a charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]it being alleged that on 21 June 2010 at Rimaunga Estate, Macheke, the appellant unlawfully caused the death of ChristopherRice either negligently failing to realise that the death might result from his conduct or, despite realising that death might result from his conduct, negligently failed to guard against that possibility. He initially pleaded guilty but his plea was later changed to one of not guilty. He was then convicted after a... More
The parties to these divorce proceedings are agreed on virtually all issues relating thereto save for the distribution of two sets of movable items namely two snooker tables (also referred to as pool tables). Whereas the defendant insists that these two items are ineligible for distribution, the defendant contends to contramise.
The plaintiff’s position n with regards to the motor vehicle, which is an Audi motor vehicle registration number AEA 3952 is that he purchased it using the proceeds of a minatory dolicitim he received from a certain benefactor. On that basis he claims that the said motor vehicle is... More
The plaintiff is a duly registered company trading under the name Borrowdale Motor Sales. As the trade name suggests, it, the plaintiff, trades in motor vehicles. On 6 June 2006 the plaintiff entered into an agreement with the defendant, in terms of which the plaintiff agreed to purchase a vehicle owned by the defendant, to wit a Ford Taurus registration number 720 532L. A copy of the agreement which is attached as Annexure A to the summons reveals that the purchase price of the vehicle was $ 700 000.00 (revalued) payable as to a deposit of $ 300 000 and... More
