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The history of this matter is long winding and confusing. Astonishingly, what comes out with clarity is the trading of insults between the two legal practitioners. Costs de bonis propies have been sought by both lawyers. More

Applicant seeks a declaratory order against the respondents. The relief sought is aptly set out in the draft and reads as follows: “IT IS ORDERED THAT:- 1. Application for a Declaratory order be and is hereby granted. 2. The disqualification of Applicant’s bid by the second Respondent be and is hereby declared erroneous and is set aside. 3. The Applicant be and is hereby declared the Highest Bidder and the rightful purchaser of the property commonly known as stand number 10138 White Cliff South Harare. 4. The 3rd Respondent be and is hereby directed to sign all transfer documents of... More

There has been an ordinate delay in the preparation and handing down of judgment which l reserved on 4 December, 2015. The delay was occasioned by my re-assignment to the Criminal Division. The delay is regretted. More

The plaintiff and first defendant were married on 25 December 1965 at Mrewa in terms of the Marriage Act [Chapter 37] as per the then operational laws of Southern Rhodesia. This marriage was monogamous by nature. Despite the nature of the marriage between the plaintiff and first defendant, the first defendant went on to enter an unregistered customary law union with the second defendant in or about 1979 or 1980. On 8 November 1989, the first defendant registered his marriage to the second defendant in terms of the African Marriages Act [Chapter 238] and misrepresented his status as someone who... More

The appellant was convicted and sentenced after a contested trial of rape as defined in s 65 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 15 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The appellant subsequently noted an appeal against both conviction and sentence. The appellant applied for bail pending appeal before the trial court and the application was dismissed hence the present appeal against refusal of bail. More