This matter was listed for trial. The first defendant pleaded prescription of the plaintiff’s claim and prayed that the lis against him should be demanded with costs on that score. The plaintiff has pleaded that the lis has not prescribed contrary to the first defendant’s claim in that regard. It is trite that the determination of prescription as a special plea is a trial matter. It is unlike other dilatory points in limine which are determined on the pleadings filed, in short, on the records four corners without the need to consider extraneous evidence. The procedural law relating to prescription... More
: The accused is charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He is alleged to have intentionally and unlawfully assaulted and killed his girlfriend on 19 June 2009 following a domestic dispute. More
This is application in terms of s 52 (9) (i) of the Administration of Estates Act [Chapter 6:01]. The relief sought has been couched in the following terms:
“IT IS ORDERED THAT:
1. The application challenging the acceptance of claims made by the first respondent be and is hereby granted.
2. The first respondent’s claims for medical and funeral assistance cannot be sustained and therefore must be rejected.
3. The second respondent is ordered to amend the distribution account by specifically removing the medical expenses claim of US$28 869.00 and funeral expenses claim of US$20 210.00 from the distribution plan... More
The applicant deposed to the founding affidavit in his capacity as the executor testamentary of the estate of his late father who also answered to the same name as the applicant. The late Daniel Alexander Hartman (the deceased) was the registered owner of a piece of land situate in the District of Salisbury known as Subdivision G of Kinvarra (the property). The property is 50,7910 hectares in extent, and is located in the Mount Hampden area on the outskirts of Harare. It was held under two separate title deeds, with each confirming ownership of an undivided one half share. These... More
