: This matter was placed before me as a chamber application for reinstatement of a matter deemed abandoned and dismissed. After hearing submissions from the parties’ legal practitioners, the court dismissed the application with costs on a legal practitioner and client scale. The following are the full reasons for my decision. More
This is an application for rescission of judgment. The applicant who appears in person is the daughter of the late Amos Bernard Muvengwa Midzi (deceased) who passed on in 2015 and whose estate is registered under DR 1467/15. The first respondent is deceased’s surviving spouse. She is a stepmother to the applicant. The second respondent was an executor of the estate of the deceased. The third respondent is cited in his official capacity responsible for administration of deceased estates. More
Plaintiff claimed that in or about October 2009 defendant, through its employees, unlawfully and wrongfully removed electrical gadgets from her farm in Nyazura.
On the employees being apprehended, defendant went on to make a total of four undertakings to restore electricity supply at the farm.
The undetakings were accompanied by assurances to plaintiff to proceed with her farming activities as the restoration of electricity would enable her to irrigate her crop.
On the basis of the undertakings the plaintiff, who had planted ten hectares of tobacco, went on to plant an additional twenty hectares of tobacco and twenty five hectares... More
MATHONSI J: The defendant, who is the excipient in this matter, is an incorporation, charged with the transmission and distribution of electricity in this country it being a subsidiary of ZESA Holdings Limited. The plaintiff is a commercial farmer performing her trade at subdivision 1 of Dagbreek farm in Nyazura, where she is engaged in the growing of tobacco and sugar beans. More
This is an appeal against the decision of the Children’s Court for the Province of Mashonaland sitting at Harare. Appellant and respondent are married and their marriage was blessed with two minor children. On or about March 2022, appellant moved out of the matrimonial home with the children and did not disclose where she was relocating to. In May 2022 respondent wanted to take the children for interviews at Peter House School and approached the lower court for access which was granted. Respondent averred in the lower court that on being granted access to the children, he noticed that the... More
