The first, second and third applicants are siblings, and, together with two others who are not party to these proceedings hold title to stand number 1027 Chegutu, Pfupajena Township measuring 205 square meters. In reality they have occupied land which is on stand 1028 Chegutu, Pfupajena Township, for more than 20 years and have always considered this land to be theirs. More
litigant who makes a conscious decision to sue through motion, as opposed to action, proceedings is enjoined to anticipate the respondent’s defence. Having anticipated such, he must include in his founding affidavit all the evidence which supports his case including such evidence as will rebut the respondent’s defence. Where he adopts the stated line of reasoning, the court will not find him wanting when he restates his position in the answering affidavit as he will merely be confirming what he has already told the court. More
This is an application for condonation of late noting of appeal and extension of time to note an appeal. Applicant gave a power of attorney to Erickson Mvududu (Erickson) to handle matters concerning House Number 14084C, New Zengeza 4, Chitungwiza, on her behalf as she is in Australia. More
On 3 October 2005, the plaintiff lodged with the Registrar of this court an urgent application for interim custody of her son Brandon. On 4 October 2005 a certificate of service was filed by the legal practitioners of the plaintiff confirming that service had been effected at the respondent’s residence. I enrolled the matter for 6 October 2005. At the appointed time there was no appearance by the defendant and I therefore issued a provisional order in terms of which the applicant was given immediate custody of the child. When the order was served on him, the defendant then filed... More
At a pre –trial conference held in this matter, the parties agreed to proceed by way of stated case. The agreed facts are as follows;
1 The plaintiff is KDV FOAM MANUFACTURERS (PRIVATE) LIMITED, accompany duly incorporated according to the laws of Zimbabwe, who carries on the business of, inter alia, the manufacture of mattresses. More
