On 14 October 2021 I removed this matter from the roll for urgent chamber applications because I considered it not urgent. I gave my reasons ex tempore in the presence of all parties.
This court has been inundated by a glut of disputes arising fromvarious complex competing claims to stands situated atLot 12 Tynwald North owned by Mr & Mrs Sibindi. The Sibindis subdivided the property creating stands which they have sold to various persons. Unfortunately, there are numerous cases where the same stands have been sold many times over leaving claimants at each other’s throats while Mr Sibindi watches... More
The plaintiff issued summons on 8 July 2015 against the defendant claiming a sum of $26 912.27 with interest thereon at the rate of 5% per annum and costs of suit. The plaintiff further prayed for an order declaring Stand 10763 Bulawayo Township of Bulawayo Township Lands, measuring 1041 square metres (“the property”) specially executable. More
This was an application for leave to execute pending appeal. The background was this. In April 2011 the applicant sued a company called Wedzera Petroleum [Private] Limited, as the principal debtor, jointly with the respondent, as guarantor, for payment of an amount in the sum of $847 847-65, plus interest and costs. The claim arose out of petroleum products sold and delivered by the applicant to the principal debtor in 2010. More
I have previously stated in Mutongwizo v The Master of the High Court N.O HH 573-18 the need for legal practitioners to comply with the rules of this court especially when the rights of minor children are at stake. This court is the upper guardian of minors by design so that there is assurance that whatever is done on behalf of minor children conforms to the best interests of the child standard. This is a standard that is recognised in the Convention on the Rights of the Child (CRC) that Zimbabwe signed and ratified on 11 September 1990. The standard... More
This is a rather unusual matter in which one of the issues to be resolved by this court relates to a maternity dispute. I must confess that I had for long labored under the mistaken belief that only paternity can reasonably be expected to be in dispute. More
