Applicant is the only surviving son to the late Zephania Nkomo (also known as Zephania Jones Nkomo) ( the deceased), born out of a marriage in terms of civil rites to Diana Nyasha Nkomo, nee Mutambabende (Diana) ( now deceased) in terms of the Marriage Act 1964. The marriage was solemnized by a Minister of Religion on 27 of August 1977. On 25 September 1987, deceased entered into a marriage with first respondent. Diana died on 10 September 2000. The deceased’s estate is being administered by firth respondent through the second Respondent. first Respondent approached firth Respondent’s office claiming to... More
The applicant, a 19 year old young man was convicted on his own plea of guilty to having sexual intercourse several times and on diverse occasions with a young person aged 15 years until she fell pregnantin contravention of section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The Regional Magistrate sentenced him to the minimum mandatory sentence of 10 years because he had been found to be HIV positive in terms of s 80 of the same Act. Aggrieved with the sentence he duly noted an appeal to this Honourable Court under case number CA947/15. He... More
This is an appeal against sentence. At the time the appeal was heard the appellant was out on bail. He was granted bail pending appeal within one week of having been sentenced. More
The plaintiffs herein claim provisional sentence founded on an Agreement of Settlement (the Agreement) concluded between the parties on the 22nd of July 2008 followed by an Acknowledgement of Debt (the Acknowledgement) signed on the 15th of November 2008. The total claim is for the sum of US$90,000 together with interest thereon at the rate of 20% per annum calculated from the due date of the 14th of December 2008. The defendant resists the claim on various grounds relating to the nature and correctness of the capital sum claimed under the Agreement, the application of the in duplum rule, the... More
I have been asked to provide written reasons for the ruling which I made on the opposed roll on the 10th July 2017, whereat I granted Applicant the following relief;-
“IT IS HEREBY ORDERED that:-
1. The respondent and all those claiming occupation through him, be and are hereby evicted from the property described as Stand 1867 Chadcombe Township of Stand 1888 Chadcombe Township.
2. Respondent pay applicant’s costs of suit on a Legal Practitioner/Client scale.” More
