This is an appeal against the judgment of the Magistrates’ Court which dismissed the appellant (then defendant)’s application for absolution from the instance after the close of the respondent (then plaintiff)’s case. The matter was then postponed for continuation. Thereafter, the appellant noted this appeal.
The grounds of appeal before us are as follows;
1. The court a quo erred in holding that the respondent had locus standi to evict appellant from a privately owned property using an offer letter.
2. The court a quo erred in failing to appreciate the law regulating the acquisition of private More
A purchaser has only personal rights against the seller of a thing he purchased. He has no real rights over the thing. Unless and until he takes transfer of, or title in, the property which he purchased, the remedy of actio rei vindicatio remains unavailable to him.
The status of the current applicant fits neatly into the above-described set of circumstances. It purchased Lot 2 of Clipsham Farm (“the property”) from the Government of Zimbabwe. It did so on 9 December, 2015. It did not take transfer of the property. More
This is an application in terms of s 4(1) of Administrative Justice Act [Chapter 10:28] which seeks to set aside the decision of the first respondent to repossess applicant’s stand and sell it to second and third respondents. The brief facts giving rise to this application are that in March 2007 applicant accepted an offer from first respondent for the purchase of stand number 7403 Manyame Park. A lease agreement was executed between these two parties. In 2022 after visiting first respondent’s office applicant learnt that the lease agreement had been cancelled and his stand repossessed from him in 2019.... More
This is an action for divorce in which both parties agree that their marriage has irretrievably broken down. There are no children born of the marriage. The last sitting of a pre-trial conference was held on 10 July 2019 before CHIRAWU-MUGOMBA J and three issues were identified as the matter was referred to trial. The issues are;
a) Whether or not there is fault on the Plaintiff for the end of the marriage and the effect if any of same on the redistribution order of assets of the marriage.
b) What is a fair and equitable redistribution of the assets... More
The appellant was convicted of theft of motor vehicle after a trial at Masvingo. He was sentenced to 6 years imprisonment of which 2 years imprisonment was suspended for five years on the usual conditions. He appeals only against his sentence. More
