This is a court application for the granting of a declaratory order. The brief background to this matter is that the applicant and the late Tongai Maxwell Katsande were brothers and Fadzai Katsande was wife to Tongai Maxwell Katsande. Tongai Maxwell Katsande died on 23 February 2007. His wife Fadzai Katsande was appointed executor dative for his estate. In this estate was an immovable property, stand number 14478 Zengeza 3 Chitungwiza (hereafter called the property) which upon the winding up of the estate, was awarded to Fadzai Katsande, in her personal capacity. More
When an estranged man, incandescent with sardonic fury, walks into the office of an attorney and hysterically remonstrates about the loss of his consortium omnis vitae to another man, the law imposes the same obligation upon the attorney to objectively advise the client as to his rights and remedies as well as the appropriate forum in which such rights may be enforced, as in any other case. The facts and circumstances of the instant case, even though it is an unopposed claim for adultery damages, demand that a written judgment be prepared. More
The second applicant described itself in the founding affidavit as an association of elderly and vulnerable widows. Its capacity to sue or be sued is not specifically pleaded. Same has not been contested by the respondents. I proceeded on the understanding that 2nd applicant is a common law universitas with the capacity to sue and to be sued. It has previously successfully sued in this court and the various correspondence submitted with the notice of opposition confirm that that the 2nd respondent is a bearer of rights. The 1st respondent described himself as the chairperson of the 2nd applicant duly... More
At the hearing of this appeal we dismissed the appeal. These are the reason for that decision.Appellant was convicted of attempted murder and sentenced to three years imprisonment of which one year imprisonment was suspended for four years on condition of good behaviour.
He now appeals against both conviction and sentence.
The grounds on conviction basically attack the charge preferred as formulated by the State. The defence asserts that a fatally defective charge was preferred against the appellant, which charge was not amended or cured by the evidence.
The grounds of appeal on sentence attack the sentence for being too... More
The applicant alleges that on 7 September 2020, he entered into an agreement of sale with the respondent in respect of Lot 4 of Geluk Farm, Beatrice, aforesaid. In addition, the applicant avers that the respondent breached the agreement by failing to make payments as agreed between the parties, resulting in the applicant cancelling the agreement. She was given notice of cancellation by letter dated 27 September 2021. According to the applicant, when the respondent received the notice of cancellation, she asked for extension of time so that she could rectify the breach. More
