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
The hearing commenced with the applicant making an application for the uplifting of a bar. The applicant was barred for failure to file heads of argument in terms of the rules. The application for the upliftment of the bar was opposed. Accepting that the failure to file heads was due to a junior legal practitioner leaving the practice of the applicant’s legal practitioners without proper handover, I decided that it was in the interests of justice for me to grant the application. I granted the application with costs on a legal practitioners and client scale. More
Family law -Chamber application for guardianship - This matter was placed before me in chambers. The applicant seeks an order that he be awarded guardianship of his almost seventeen year old grandchild K. N born on the 4th of November 2001. More
