On 23 May 2005, the respondent issued summons out of Marondera Magistrates’ court. Her claim against the defendant, as it appears on the face of the summons, is recorded as “sharing property”. An affidavit was attached to the summons, curiously titled in my view as “Applicant’s supporting affidavit (Property Sharing)”. In the affidavit, the respondent alleged that she was in an unregistered customary union with the appellant and that during the subsistence of the union, the parties had acquired certain household goods and effects. She gave the estimate value of each item that she alleged the parties acquired. She further... More
This judgment is in respect of two applications which were heard together. The two applications are between the same parties. Case number HCH 6178/23 is an application for condonation of late filing of an application for rescission of a default judgment that was granted against the applicants in case number HC 280/18. The second application, HCH 6602/23, is the application for rescission of judgment to which the condonation being sought in HCH 6178/23 relates. The two applications were filed on different dates. The condonation application was filed first. The parties are the same in both cases. Also, the facts relied... More
This is an urgent chamber application in which the applicants seek a Provisional Order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:-
1. That first, second and fourth respondents and/or their agents shall not interfere in any manner whatsoever with applicants’ possession of Glencairn Mine or the assets thereat
INTERIM RELIEF GRANTED
Pending the determination of this matter, the applicants are granted the following relief:-
2. That first, second and fourth respondents be and are hereby ordered to remove... More
This is an appeal against the decision of the Magistrates’ Court sitting at Harare refusing all the seventy- four (74) appellants admission to bail. The decision was delivered on 27 June 2024. The demographics of the appellants is interesting. They were not a random assembly. Instead, they hail from different but clearly defined clusters predominantly the suburbs of Chitungwiza, Epworth and Hatcliffe which account for almost three quarters of the appellants. Equally noteworthy is the fact that fifty-seven of the appellants are not formally employed and that over sixty of them are aged below forty years. They are of the... More
This is an application for eviction.
The brief facts of this matter are as follows.The applicant is the registered owner of stand 8141 Salisbury Township of Salisbury Township Lands, otherwise known as Number 17 St Dominic’s road, Milton Park, Harare.Sometime in August 2011 the Sheriff of Zimbabwe advertised the sale of the stand. The property was to be sold by public auction in a suit involving Kingdom Bank Ltd, and Colforth Investments(Pvt) Ltd and 10 others under case No HC5917/10.The plaintiff in that matter had obtained default judgment after the defendants had failed to attend a pre Trial Conference.The Sheriff... More
