This is an appeal against the decision of the Magistrates Court which granted the respondent’s claim for appellant’s eviction from Stand 4733 Ushewokunze, Harare. Despite the appellant’s opposition to the eviction claim on the basis that this stand was allocated to his wife Pelagia Nyemba, the court a quo made a finding that the respondent who was the plaintiff in the matter was the rightful owner of the stand in question. It ordered the eviction of the appellant and all those claiming occupation through him. More
This is an opposed application for rei vindicatio aimed at recovering the Applicants’ assets namely an undivided 16.66% share identified as Share Number 1 in a piece of land located in the District of Salisbury, known as the Remainder of Stand 926 Salisbury Township, covering 500 square metres and held under Deed of Transfer 1148/89 in the Respondents’ possession. More
This is an application for the rescission of a judgment granted in favour of the applicant, Joseph Mavhiza, which ordered him to set down his 2005 matter within 30 days. The applicant contends that he was unaware of the judgment until three months after it was issued, by which time the 30-day period had already lapsed. A further three months passed before the applicant was able to gather the necessary financial resources to engage legal representation and file the present application for rescission. The applicant is now six months out of time, seeking the court’s indulgence to rescind the judgment... More
This is an urgent chamber application. The applicant is seeking the following interim relief;
“1. The second, fourth and fifth respondent are hereby interdicted from transferring the immovable property known as Number 1110 South View Uplands, Waterfalls, Harare to the 3rd respondent.
2. The first respondent shall not enforce the orders granted by this Honourable Court in Case No. HC 6626/05 and by the Magistrate in Case No. 11317/05.
3. This provisional order shall remain in operation notwithstanding the noting of the appeal against it.” More
: The Six appellants were convicted of contravening s 4 as read with s 3 (1) (a) of the Domestic Violence Act [Chapter 5:16)] (hereinafter called The Domestic Violence Act) Five of them were each sentenced to 12 months imprisonment of which 4 months imprisonment were suspended for 5 years on the usual conditions of good behavior while the third appellant was cautioned and discharged because he was a minor. More
