This is an application brought by the applicant, Chipo Maruku, seeking the rescission of a default judgment granted in favour of the first respondents Katt Construction (Pvt). The judgment pertains to a stand in Stoneridge, Harare, where the applicant claims an interest derived from her ex-husband, Caven Gunha, through the alleged cession of his rights to the property following their separation. More
The applicant was the plaintiff in an action she instituted for divorce and the distribution of matrimonial assets between her and the respondent who was then the defendant. Her prayer for divorce was granted. More
The present application is an offshoot of proceedings that are pending before this court involving the same parties in HC 3911/21. In that matter, the first respondent herein is the plaintiff, while the applicant herein is the first defendant. The second and third respondents herein are the second and third defendants in that matter. At the centre of the dispute is an immovable property known as Stand Number 3462-9th Crescent, Dzivarasekwa Township, Harare (the property). More
After hearing argument in this application for condonation by a barred party, I dismissed the prayer and gave reasons ex tempore. I now furnish written reasons at the request of applicant. More
I heard this matter on 17 March, 2021. I delivered an ex tempore judgment in which I granted the plaintiff’s claim as prayed in the draft.
On 23 April, 2021 counsel for the defendant wrote requesting for reasons for my decision. These are they:
On 3 August, 2016 the defendant executed an acknowledgement of debt in favour of the plaintiff. It acknowledged its indebtedness to the plaintiff in the sum of US$31 780.8 and in a further sum of ZAR 458,799.8 together with interest at 10% per annum. It paid off the sum of US$31 780.8. It left the balance... More
