: This matter commenced as an application before being converted into an action through an order in HC-1979-19 by MUSHORE J dated the 18th day of November 2019. The plaintiff’s application and founding affidavit were to stand as the summons and declaration and the second and third defendants’ opposition standing as their plea. The plaintiff’s answering affidavit was to stand as the replication. The first defendant was to file its plea within a period of ten days from the date of the order and thereafter pleadings were to be deemed closed. The plaintiff seeks an order that the first to... More
The plaintiff is the defendant’s wife married to him in terms of the Marriages Act [Cap 5:11]. They were married at Harare on 18 June 2003. She sued him for a decree of divorce and ancillary relief on the basis that their marriage has irretrievably broken down. The defendant agrees that their marriage has irretrievable break down. More
This is an appeal against a judgment by the Mutare Magistrates Court delivered on 12 May 2010. The Appellant appeals only against the award made in relation to immovable property. More
The applicant issued this application on 1 March 2013 and had it served upon all the respondents on 1 March 2013. The dies inducae expired on 15 March 2013 but the respondents purported to file their notices of opposition on 18 March 2013, 3 days out of time. It is not the period of the infraction which informs my decision in this matter but what the respondents did after that or is it what they did not do. More
The Plaintiff and Defendant were married on 21 February 2008 in terms of the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17]. The marriage was blessed with two minor children born in 2007 and 2012 respectively. On 3 June 2022 Plaintiff issued out summons for a decree of divorce and ancillary relief. Plaintiff alleged that the marriage had broken down irretrievably and there are no prospects of restoring a normal marriage relationship. She also submitted that during the subsistence of the marriage, the parties acquired movable and immovable property. She proposed how the property should be shared.... More
