I heard this application on 24 November, 2017. I delivered an ex tempore judgment in which l granted the application as per the draft order.
On 31 May, 2018 the High Court registrar wrote advising that the respondents appealed my decision of 24 November, 2017. He stated that reasons for the same were requested. More
The applicant Elizabeth Manhenga approached this court seeking dismissal of case number HC3420/17 for want of prosecution in terms of r 236 (4). The application she wants dismissed is an application for condonation of late noting of an appeal duly filed by the respondent. The facts of the matter are that the applicant and respondent who were customarily married appeared before this court in case HC3348/14 seeking an order for property sharing as between them. Judgment was then delivered on the 8th of March 2017 under case no HH152/17 wherein the applicant was awarded 50% share of property described as... More
This matter commenced as a trial cause with the Plaintiff issuing summons against the 1st to 4th defendants. It is common cause that the 1st defendant is a legal persona registered as a co-operative society under the Co-operative Societies Act [Chapter 24:05].The plaintiff averred that she joined to be a member of the 1st defendant (hereinafter referred to as “Ngungunyana”) sometime in 2006. She added that she was allocated Stand No. 14473 Budiriro, Harare, by Ngungunyana. The plaintiff submitted that on 13 February 2019, she was advised that her premises on the aforesaid stand was being demolished. In her declaration,... More
The first plaintiff’s name is Elizabeth Musavengana and not Rebecca Musavengana as was wrongly perpetuated in the pleadings in this matter, while the deceased who was represented by Kudakwashe Chikwara (the 2nd plaintiff) was during her life time called Rebecca Derera and not Elizabeth Derera as was also wrongly perpetuated in the pleadings. The two women were married to the same man in a polygamous union. I have mero motu corrected the errors in question as I conceive of no possible prejudice that would visit any of the parties involved in these proceedings. In any event, when the first plaintiff... More
This is a claim in delict for damages arising out of bodily injuries sustained as a result of a road traffic accident. The plaintiff issued summons against three defendants claiming payment of damages totalling US $ 71 051.00. Jupiter Insurance Company (Pvt) Ltd was cited as the 3rd defendant and is the defendants’ insurer. A settlement was reached between it and the plaintiff before the commencement of the trial. The defendants are the driver of the vehicle involved in the accident and its owner. More
