This is an urgent chamber application for an order staying the processing or finalization or confirmation of the sale of an immovable property known as Stand No. 567 Eagles Place, Borrowdale Broke, Harare. The property was sold to the second respondent by the Sheriff, the third respondent herein, on 12 October 2018 pursuant to a divorce order granted by this court in case No. HC 4713/05. The application is opposed by the first respondent. The first respondent has raised objections in limine to the determination of the matter on the merits. The objection that the matter is not urgent was... More
: The appellants and Linceman Usaihwevhu were jointly charged with one count of bribery. They pleaded not guilty. Linceman was acquitted at the end of the state case. The appellants were put on their defence and were subsequently convicted and each sentenced to 12 months imprisonment of which 2 months were suspended on conditions of good behaviour. The $1500.00 they had offered to the Police officer was forfeited to the state. More
The parties contracted a customary union in 2006. On 29 November, 2008, the parties upgraded their union into a Civil Marriage in terms of the Marriage Act, [Chapter 5:11]. The plaintiff had a daughter, Tadiwanashe, from a previous relationship while the defendant had two daughters from a previous marriage. There was no child born out of the marriage between the parties. The marriage certificate was produced as exh 1. More
The appellant was charged with and convicted on one count of stock theft. He had pleaded not guilty to the charge. The brief facts of the case are that the appellant is alleged to have connived with five others to steal the complainant’s two oxen from farm Number 195 Rowa West Zimunya, Mutare. He is alleged to have hired Antony Chinyamutangira to transport two slaughtered oxen from the Zimunya area, to his house. He is alleged to have taken Wedzerai Masunda, Charles Masvosva, Alfred Sando Louis and Paul Feausi to Antony Chinyamutangira’s house in Chikanga. Antony Chinyamutangira and the four... More
In July 2009, my brother HLATSHWAYO J, heard an application under case number HC 4327/08 as consolidated with another application under case number HC 2792/09. The parties to those applications were the Diocesan Trustees of the Diocese of Harare (as applicants) and the Church of the Province of Central Africa (as respondents). In this judgment I shall refer to the latter as “the mother church”. In that consolidated application, HLATSHWAYO J made an order declaring Bishop Dr Nolbert Kunonga and six others to be the Diocesan Trustees of the Diocese of Harare, a diocese under the mother church. It was... More
