The Applicant approached the court in terms of Rule 67 (1) and (2) of the High Court Rules 2021. The rule provides as follows:
“ 67 (1) when a spouse is without means to prosecute or defend an action for divorce, judicial separation or nullity of marriage, the court may on application order the other spouse to contribute to his or her costs, and where necessary to his or her maintenance pending litigation such sums as it seems reasonable and just (2) such an application must be supported by an affidavit stating shortly the grounds of the action or defence... More
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
