Appellant is a maternal grandparent with de facto custody of a minor child born on 22 December 2008, having assumed full responsibility for parenting the child whose mother died in a traffic accident in April 2016. The respondent is the father of the child who sought access to his child from the de facto custodian grandparent. He was granted that access on alternate weekends, from Friday to Sunday, and, for the first two weeks of each school holiday and on alternate public holidays. He was also later allowed to execute that right to access pending appeal. Appellant appealed against the... More
This matter was set down for hearing a number of times and the hearing could not proceed as expected. Firstly, when we sat to hear the matter on 27 October 2022, the second respondent’s counsel Mr T Mapfuwa took issue with the fact that there were two similar applications before the court, that is, HC 2058/22 and HC 5530/22 both involving same parties, same issues and same relief. The two records were indeed before us. The counsel for This matter was set down for hearing a number of times and the hearing could not proceed as expected. Firstly, when we... More
In or about 2000, the applicant and 32 others whose names she lists in an annexure to her affidavit occupied a farm in Nyabira. The exact name and description of the farm they occupy is in dispute as I shall show later. They have been in occupation ever since. Also in occupation of the land was one Chris Murove, against whom this court granted an order of ejectment at the instance of Landscapes Estates (Pvt) Ltd and Inveragus (Pvt) Ltd in case no HC 4281/03. More
The appellant was the applicant in the court a quo. In his founding affidavit, he stated that he lent US$10 000-00 to the first respondent on 4 September, 2014, payable on or before 4 October, 2014 in terms of a written agreement concluded on 4 September 2014. More
At the initial hearing of this matter and as a result of Mr Muziwi for the State raising argument in support of the point in limine after the defence counsel had addressed the court on the merit it was agreed that the court peruses the record in B2178/20 in order to appreciate the dispute which resulted in applicant’s appeal being stuck off the roll to enable the Court to determine whether appellant had returned to Court on the same defective papers. More
