This court is presently in the process of hearing plaintiff’s evidence in this trial. Three witnesses of the defendant have testified and concluded their testimonies, and have been excused as witnesses by this court. At this stage, Advocate Goba, counsel for the plaintiff, informed the court that plaintiff intends to lead evidence from two more witnesses. Before the fourth witness was called in to testify, I was informed that defendants had an application to make. It turned out that it is an application for amendment and defendants now wish to amend their plea by inserting a new defence to the... More
At the close of the case for the plaintiff, the defendants moved an application for absolution from the instance, alleging that for reasons to be adverted below, the plaintiff had failed to make a case requiring the defendants to be placed on their defence. In this case, plaintiff sued out a summons against the 1st and 2nd defendants, praying for the following orders:
a. Eviction of defendants from stand 19260 of stand 14908 Borrowdale, otherwise known as Borrowdale Race Course;
b. Arrears for rent, electricity, water and rates in the sum of US$155 726-33;
c. Holding over damages in the... More
The parties herein got divorced on 2 November 2019, under HC 3050/19. The applicant herein was the plaintiff while respondent herein was the defendant. The parties were agreed to a decree of divorce being granted and they filed a consent paper. Paragraph 2 of the divorce order reads as follows: More
This appeal was against the granting of an interdict by the lower court whereby the appellant, Masimba Charity Huni Fuels Private Limited (hereinafter referred to as “the appellant”) was interdicted from occupying or effecting any form of development and constructing at stands numbers 1497, 1498 1499, 1500 and 1501, Nyazura Township, Nyazura. The stands in question had been allocated and sold to the first respondent Nathan Amos Kadurira by the second respondent Makoni Rural District Council (hereinafter referred to as “the Council”) in compensation for land that had been taken from him after reallocation to another party. The appellant was... More
This matter was filed as an urgent chamber application in terms of Rule 241 of the High Court Rules. The applicants were seeking the following urgent relief:
“Pending the confirmation or discharge of the provisional order, the following provisional order is granted:
1. The Presidential Powers (Temporary Measures) (Amendment of Electoral Act) (No 2) Regulations, 2008 SI 43/2008, published in Government Gazette Extra Ordinary on 17 March 2008, shall not be applied in respect of the elections on 29 March 2008.
2. Section 59 and 60 of the Electoral Act [Chapter 2:13] as amended by the Electoral Laws Amendment Act,... More
