The applicants, in a founding affidavit deposed to by the first applicant and to which the other nine have confirmed themselves to be party to the averments contained therein, allege that they are members of the Emmanuel Baptist Church in Zimbabwe. In an opposing affidavit deposed to by the first respondents, all respondents have challenged the membership of a number of the applicants. More
The plaintiff and the first defendant were wife and husband respectively under an unregistered customary law union which has now been dissolved. The second defendant, Kuyeri Family Trust (hereinafter The Trust) is cited in these proceedings on account of the purported interest it has in the major dispute between the plaintiff and the first defendant. More
1. The appeal against conviction having been abandoned at the hearing, this judgment disposes of the appeal against the sentence imposed on each appellant.
2. The appellants were convicted after a protracted trial on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Each was sentenced to 48 months imprisonment of which 12 months were suspended for 5 years on the usual conditions of good behavior, to leave an effective sentence of 36 months imprisonment. More
Following the issuance of summons by the plaintiff, the defendant duly filed appearance to defend and subsequently filed an exception in terms of Order 3 r 11 (c) of the High Court Rules.
The plaintiff issued summons in which she claims special and general damages. Having referred to a declaration as amplifying the summons, the plaintiff simultaneously filed a declaration that outlines the particulars of claim. Four days before the defendant filed an exception, the plaintiff filed a notice of amendment of the summons and declaration.
The defendant’s exception is that the summons is bad at law as it discloses... More
The applicant sought the following relief before this court;
1. That Deed of Transfer 2344/14 dated 16 May 2014 in favour of the fifth respondent be and is hereby cancelled.
2. That mortgage bond number 3021/2016 dated 23 August 2012 in the first respondent’s favour be and is hereby declared null and void ab initio and is therefore cancelled.
3. That the order of this court in HC 9505/12 be and is hereby rescinded. More