The appellant was convicted by the court of the magistrate for the crime of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The first respondent, Masaisai Trust (the Trust) was born on the 8th March 1999 and it established itself at Corner Lorraine Drive & Neil’s Way Bluffhill Westgate, Harare. Kenias Mafukidze (1st applicant), Anna Brazier, Reuben Gwatidzo (2nd respondent), Charles Howat (5th respondent) and Mugove Walter, Nyika being the founding trustees and settlers. The Trust was established for a fundamental noble idea of forming an educational institution with educational facilities which produces well rounded pupils. It was to be administered by not less than five (5) and not more than ten (10) trustees. The first Trustees were to hold office for... More
The plaintiff was at some stage of the administration of the first defendant’s estate appointed to act as its curator, and later for a shorter period as its executor dative. He for the services he rendered to the first defendant claims fees in the sum of US$160 788.98, plus interest at the prescribed rate from the date of summons to the date of payment in full. The fees he claims were taxed by the Master’s office. They are therefore a liquidated claim. More
This matter was referred to me in chambers in terms of the provisions of Order 38, Rule 313 of the High Court Rules, 1971. The basic background is as follows:- More
This is an application for summary judgment in the sum of US $160 788.98. On 5 January 2011 the plaintiff issued summons for payment of US$160 788.98. In his declaration the plaintiff avers that he was appointed Curator Bonis of the estate of the late MuchineripiRishoniGonyora by the third defendant herein, the Master of the High Court. In that capacity he rendered professional services on behalf of the estate. On 3 March 2010 at a taxation hearing conducted by the second defendant he was awarded fees for the duties he had carried out. The award of fees was subsequently confirmed... More
