The plaintiff issued summons out of this court on 17 August 2011 seeking an order compelling the first defendant to effect change of ownership of Stand No. 9781 Kuwadzana Phase 3 Harare from his name to the plaintiff’s name and that of Dickson Kudzanga within seven days of the date of judgment, that should first defendant fail or refuse to effect change of ownership as requested the Sheriff of Zimbabwe be authorised to sign any papers or documents as provided for the second defendant to effect change of ownership of the said stand from the defendant’s name to that of... More
On 12 September 2006, the applicant obtained an order from this court compelling Africa International Removals to pay her the sum of $4 441 841, 67 together with interest thereon, to deliver to her vehicle and a mobile phone together with a line for use in that phone. A warrant of execution was taken out against the defendant and some vehicles belonging to the defendant were attached in execution. A few days after the attachment, the defendant paid the amount levied on the warrant in full. The motor vehicle and the mobile phone handset were not delivered, prompting the applicant... More
Cases of repeat violent offenders are a scourge that will always put bail law in this jurisdiction under heightened scrutiny. Those who wear their disdain of violent crime on their shirt sleeves have even gone to the extent of arguing that when the Constitution of Zimbabwe elevated bail to a constitutional right it made the bail system weak and exposed the public to the depredations of gangsters and kindred offenders. Some human rights defenders and those with contrary views however argue that the presumption of innocence entails that no matter how grave or gory an offence may be viewed by... More
This matter commenced as a court application and ended up as a trial having been converted to a trial by order of the court which directed that the founding affidavit notice of opposition and replying affidavit stand as pleadings. No further pleadings were ordered be filed.
At the pre-trial conference a joint pre-trial conference minute on the basis of which the matter was referred to trial captured the issues for trial as follows:
(1) Whether both the late Margret Munetsi and the first defendant purchased Stand No. 18215 Measuring 1855 square meters from the third defendant.
(2) Whether or not... More
The facts of this matter are largely common cause. I set them out as follows.
On 27 March 2009, the applicant and the first respondent entered into a written agreement of sale in terms of which the applicant sold to the first respondent certain immovable property fully described as Stand 2902 Bluff Hill Township of Bluff Hill Township measuring 3738 square metres, for the sum of US$230 000-00. It was a specific term of the agreement of sale that the purchase price would be paid as to a deposit of $130 000-00 upon the signing of the agreement and the... More
