The respondent sought eviction of the appellant from House No. B35 on the pretext that he had bought the property. The court a quo granted the order sought and Appellant aggrieved by that court’s decision appealed to this court. We upheld the appeal with costs and below are the reasons for our decision. More
The plaintiff and the defendant were married in Harare on 10 June 2009 in terms of the Marriages Act [Chapter 5:11]. Prior to that, the parties were in a customary union the rituals of which were performed in or about December 1997. The parties have four children together as follows;
1. Laura Natasha born 19 July 1998;
2. Vimbainashe born 30 January 2003;
3. Anopaishe born 1 August 2010; and
4. Morris Taonanyasha born 18 January 2013. More
The Provincial Magistrate for Mashonaland Central, sitting at Bindura Magistrates Court, has referred this matter to the Registrar for review and directions. The plaintiff is cited as Morris Nyikadzino of Shenjere Shrine, Mazowe. However, his specific role and standing in the matter are not clear. The defendant is Hon. Richard Morgan Tsvangirai, the Prime Minister of Zimbabwe. The background to the case is as follows. More
This is an application for default judgment. Respondent/defendants failed to enter appearance to defend plaintiff`s suit. In considering the default application, I noted a number of issues on the papers and invited comment from applicant council. Counsel duly obliged with written and oral submissions. Hereunder are the reasons for my ruling.
[ 2] I must, at the outset, tender my apologies to applicant and counsel. This matter has taken unduly long to finalise. It was but a chamber application. It ought to have been earlier disposed of. Regrettably, the matter was improperly cued up with other business on diary. Appropriate... More
This is an appeal against an order which was granted by the Magistrates Court. The appellant, then applicant, approached the court a quo with an ex parte application for stay of sale of a motor vehicle pending rescission of default judgment wherein the following interim relief was granted:-
“That pending the finalization of the Application for rescission of judgment filed of record, the respondent be and is hereby ordered not to sell the motor vehicle repossessed from applicant.” More
