The plaintiff and the defendant were customarily married to each other in 1980. They on 24 October 1989 solemnized their marriage in terms of the Marriage Act then ([Cap 37]now [Cap 5.11]). They were blessed with three children. Two of them are now adults. The youngest Nattle born on 24 February 1997, is the only minor child of the plaintiff and defendant’s marriage. More
By default judgment granted by DUBE J (as she then was) on 2 December 2020 in favour of the first respondent as applicant in case No. HC 5932/20 against the applicant herein with the second and third respondents being the same as in this application, the applicant and her agents were interdicted from carrying out mining activities at a mining claim called Xmas 159 situated at Smithfield Farm. The location of the claim is Mazowe area in Mashonaland Central Province. The learned judge also granted ancillary relief. The applicant filed this application for an order of rescission of the order... More
The applicant Melody Kuziwakwashe Makunura (Melody) has three related matters pending in this court the last of which is HC 931/23 that was placed before me for determination. The other related records are case numbers HC 6395/19 and HC 5728/20. The cases are related as follows:
Case Number HC 6395/19
The first respondent herein as plaintiff therein filed an application for rescission of a default judgement granted by UCHENA J (as he then was) in case number HC 9080/12 against one Rodger Nyasha Makunura and Chitungwiza Municipality as first and second defendants. In terms of that default judgement granted on... More
This application for a spoliation order has been brought on an urgent basis. The facts are that the Applicant MELODY MIDZI is a surviving daughter of the late AMOS MIDZI. AMOS MIDZI during his life time had been offered a land holding under the Land Reform and Resettlement Program (Model A2 PHASE II) by the Minister of Lands, Agriculture and Rural Resettlement at Subdivision 1 of Earling Farm, Beatrice in Mashonaland East Province on the 30th December 2002 for agricultural purposes measuring approximately 347.80 hectares in extent. After AMOS MIDZI’s demise the farm remained in the possession and occupation of... More
This is a hybrid application for a declarator and a mandamus which seeks the determination of the applicable tariff for enforcement purposes of the order obtained on 20 October 2020 under Civil Appeal No. SC 142/20. The issue is whether the court can make an order in terms of s 14 of the High Court Act [Chapter 7:06] to the effect that the applicable tariff to the applicant’s costs is as enunciated by the Law Society in the form of the 2011 USD Tariff and a mandamus compelling the first respondent to allow costs under SC 142/20 to be taxed... More
