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
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
