The plaintiff issued summons seeking transfer of Stand 3976, 59th Street, New Canaan, Highfield, Harare. The house is the subject matter of a long standing dispute between two families. It is common cause that the house is registered in the name of the second defendant Grace Mandaza and her late husband Joel Mandaza. However, it is the circumstances under which it came to be so registered that have caused the dispute to be placed before this court. More
This application raises a question which has presented itself in a number of matters in recent months. It raises the issue of guardianship rights and the circumstances under which a parent may be divested of such rights. More
BHUNU J: There is no material dispute of facts on the bulk of the facts in this case. It is common cause that the first and third defendants were married in terms of customary law for 12 years. They divorced each other on 22 February 2002 where upon the Magistrate’s court issued an order distributing the former matrimonial home being Stand number 491 Prospect Township of stand 106 of Prospect registered in the first defendant’s name under deed of transfer 5963/87 More
The late Pepukai Simpisio Magara who died on 28 July 2021 was a widower. He was survived by six children who include the two plaintiffs, the first respondent and three others. Following his death, a will was produced which was allegedly executed by him on 28 May 2017. In that will he appointed the first defendant as the executor of his estate and also bequeathed to him his immovable property being house number 2915 old Highfield Harare. The second defendant issued out Letters of Administration in favour of the first respondent. The plaintiffs object to the validity of the will... More
In the real world, to err is human. Even those tasked to uphold justice, as humans are not infallible. Rule 29 of the High Court rules, S.I. 202 of 2021, was designed to cater for such scenarios. It gives all the stakeholders in a civil matter an opportunity to amend mistakes in deserving situations in the interest of justice. Instances upon which this rule can be invoked are well spelt out under its provisions. In that regard, this is an opposed application brought in terms of this rule, rule 29 (1)(a) in particular, for the recession of an order of... More
