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Court Judgements



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On 24 July 2003 around 15.20 hours, an accident occurred between the plaintiff’s car, which at the time was being driven by his wife and the first defendant’s car, at the time being driven by first defendant herself. The accident occurred at the intersection of Natal and East Roads in Avondale. The first defendant was driving westwards along East Road while the plaintiff’s wife was driving due north along Natal Road. The intersection is controlled by a Give Way sign along East Road. A police detail attended the scene of the accident and drew a sketch plan of the scene.... More

The applicant and the first respondent are engaged in a vicious scramble over the right to occupy the Remainder of Lot 19 of Umsungwe Block measuring 69. 5113 hectares situate in the district of Gweru in the Midlands province. While the description of that land varies, its identity is not in dispute. The applicant claims the right to occupation on the basis of an offer letter issued to him by the acquiring authority on 10th of November 2006 and a permit issued to him by a Dairy officer on 6 May 2010. He now seeks the ejectment of the first... More

The applicant and the 1st respondent lived together in an unregistered customary law union. They agree that they had a tacit universal partnership which has broken down leading to their having to share the assets they had acquired during the universal partnership. They initially disputed over the sharing of their assets but eventually resolved the dispute by entering into a deed of settlement. The deed of settlement records the party’s agreement on the existence of the universal partnership. It provides for the custody and maintenance of their minor children and the distribution of their movable and immovable property. More

On 30 August 2005, the plaintiff issued summons against the defendants, praying for an order declaring them to be the lawful owners of certain immovable property in Glen Norah, Harare. The plaintiffs also sought an order declaring the cancellation by the third respondent of the cession of rights to them in the property by the estate of the late Jusa Chipira null and void. The summons was duly served on the defendants, neither of whom entered an appearance to defend the action. In due course, the requisite dies induciae having expired, the plaintiff filed an application for default judgment in... More

On 13 October 2018, the parties contracted their marriage in terms of the Marriage Act [Chapter 5:11]. The marriage was blessed with two children, Kabelo Lenny Mashanda born on 21 July 2016 and Khanyiso Kelton Mashanda born on 25 November 2019. On 13 July 2020, the plaintiff issued summons for the dissolution of the marriage claiming a decree of divorce and a division of the matrimonial assets. In his declaration he stated that the parties were in the process of acquiring a 300m² residential stand through the City of Harare, that he had paid an initial deposit and made a... More