Plaintiff issued summons against the defendant seeking an order that defendant pays to her the sum of $7 000 000, 00 being damages for pain, shock suffering and contumelia suffered by her as a result of an unlawful assault perpetrated upon her person but certain members of the Zimbabwe National Army during the course and scope of their employment with the defendant on 4th June 2003 at 293/23rd Crescent, Glen View 1, Harare. Plaintiff holds defendant vicariously liable for the delict committed by members of his troop. More
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
[1]This is an opposed application for a declaratur in which the applicant seeks the following relief:
“IT IS HEREBY DECLARED THAT:
1.The Applicant is the rightful owner of Stand 2178 Westlea, Mutare.
2.The lease agreement entered into between the 3rd Respondent and the 1st Respondent is null and void.
CONSEQUENTLY, IT IS HEREBY ORDERED THAT:
3.The 1st and 2nd Respondents are hereby interdicted from constructing on Stand 2178 Westlea, Mutare.
4.The 3rd Respondent shall cancel the lease agreement executed in favour of the 1st Respondent over Stand 2178 Westlea, Mutare.
5.The 1st and 2nd Respondents shall demolish any structure it... 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
