At the base of a multi-layered series of interloculocutory applications lies the quest by applicant to set aside a confirmed judicial salein execution. The subject of that sale is her former matrimonial home, a property in which she claims (and seeks to rescue) a 50% undivided share. The property was attached and sold in 2015, and eventually transferred to first respondent in 2019. In that regard, applicant approached this court seeking leave to file out of time, an objection to the confirmation of that sale by second respondent. That application was opposed by first respondent who later moved the court... More
Introduction. This is an application for bail which is necessitated by the termination of bail by the operation of law after an accused has pleaded to the charge. An accused person may be re-admitted to bail, on similar or other conditions that the court may in its discretion consider. It is my view that admission to bail pending trial and to bail once trial has commenced, are inquiries what are based on different considerations, because the circumstances will have changed. The basis on which bail is opposed pre-trial are not necessarily the same as that on which it is opposed... More
In 1989 the plaintiff and defendant married each other in terms of customary law. Their marriage was however not registered. After a period of about ten years living together in the manner of husband and wife they decided to have their marriage solemnized in terms of the Marriages Act [Cap 5:11] of the Laws of Zimbabwe. Their marriage was thus solemnized on 11 February 1999 at Harare in terms of the Marriages Act. That marriage still subsists. More
An order for civil imprisonment is hereby granted in favor of the plaintiff
2. The Sheriff for Zimbabwe, or his deputy, is ordered to arrest the defendant, George Frangoulis of 86 Maungwe Street, Rusape, Zimbabwe, for a period of 90 (Ninety) days in the Remand Prison and deliver him together with a copy of this writ, to the Prison at Remand, where he shall be kept until:
(a) Defendant has paid the judgment debt, together with the interest and costs that are due or
(b) The period of 90 (ninety) days form the dater of his delivery to the prison... More
On 29 September 2016 the applicant appeared in the Magistrates Court sitting at Mutare facing a charge of unlawfully possessing a specially protected animal, namely a pangolin in contravention of s 45 (1) (b) as read with s 128 of the General Laws Amendment Act (GN 148/2011) of the Parks and Wildlife Act [Chapter 20:14]. In short, the applicant in the company of 4 accomplices had approached a police officer who was disguised as a potential buyer with the intention of selling two live pangolins. The applicant was actually carrying one of the pangolins. They got arrested. The applicant pleaded... More
