Judges are public servants and as such they are not to complain about what lands on their plates. They must do justice always no matter the state of the case that is placed before them. I must however confess that the above matter is a dog’s breakfast. The parties have been to this court on at least five occasions and may have appeared before the magistrate courts once or twice before. The dispute between them has not been put to rest up to now and I now have to unravel the orders and counter-orders that this court has given on... More
The plaintiff sued out summons for the division of immovable property acquired by the parties during the subsistence of their tacit universal partnership. Alternatively, the division of the immovable property acquired during the subsistence of the parties’ unregistered customary law union based on unjust enrichment. In opposition to the claim the defendant filed a special plea, that the claim is prescribed. More
This is an appeal against a decision by the magistrates’ court in which the appellant had made an application for upward variation of maintenance in respect of the child Makomborero Setu Andre Mhiribidi from the subsisting amount of ZW$ 10 000.00 to ZW$ 50 000.00. The court a quo varied the amount of maintenance to ZW$ 25 000.00. The appellant and the respondent were in a relationship which led to the birth of the child in question on 23 October 2018. More
This is an appeal against the whole judgment of the Magistrate Court sitting at Chitungwiza on 7 June 2023wherein the court awarded the custody of the parties minor child, a son, to the appellant’s estranged husband. The child in issue is called Colt Anopaishe Chaza born on 30 October 2013. He is currently in boarding school in Macheke and is in 5th grade. More
The respondent’s counsel applied for upliftment of the automatic bar and for condonation for late filing of Heads of Argument on behalf of the second respondent. She said the second respondent was initially represented by another law firm which renounced agency on 7 November, 2013. The second respondent himself deposed to an affidavit to the effect that he had encountered difficulties with his previous lawyers who were not working on the case while at the same time unwilling to give him his file until 7 November, 2013when they eventually did so. The applicant opposed the application but in the interests... More
