The facts of the matter brings into focus the challenges this court will always have in unopposed divorce matters where one of the parties to the proceedings decides to act fraudulently and abuses the procedure adopted in such matters. What leaves a bitter a taste in the mouth as it were, is that the presiding judge acting attentively and with due diligence may not detect such fraud. It is precisely for this reason that I have decided to write this judgment in an unopposed matter so as to highlight this problem and possibly alert a number of legal practitioners who... More
The plaintiff issued summons in terms of which he is claiming against the defendant payment of a sum of US$23 925-00 together with interest thereon at the prescribed rate, and costs of suit. More
There is a growing tendency by litigants to circumvent the law in bail applications through conduct calculated to usurp the power of this court to protect and regulate bail proceedings with the result that anarchy prevails to the detriment of the good administration of justice. Such conduct if allowed to continue has the potential of derailing the bail system and destroy its credibility. This court’s power to regulate and protect the credibility of its processes is inherent at common law and codified in s 176 of the Constitution of Zimbabwe (Amendment No 20) Act 2013. More
The applicant represented by Messrs Tendai Biti Law, legal practitioners filed on 17 June 2020, an application for condonation of late noting of appeal. The applicant intends to appeal against the judgment of the Regional Magistrate per Kumbawa Esq delivered on February 2010 at Harare. The applicant attached the copy of the judgment aforesaid as an annexure to the application. He also attached a copy of the transcript of the record of proceedings in case No CRB 734-6/09. I must note that it was through my directive given on 24 August 2022 to the Registrar to intervene in having the... More
I heard this matter in the company of MANYANGADZE and BHACHI-MUZAVAZI who were on induction.
Applicant seeks an order couched in the following terms:
“1. The application be and is hereby granted.
2. Applicant shall pay the purchase price of ZW$155 000 within seven days of this
order.
3. First respondent shall sign relevant transfer documents in favour of applicant within
14 (sic) of this order.
4. First respondent shall pay costs of suit.” More
