The plaintiff and the defendant are husband and wife who were married in terms of the then Marriage Act [Chapter 5:11] on 22 November 2005. Two children were born to their marriage and only one is still a minor, namely Selmah Kupakwashe Mushangidze born on 9 May 2012. The parties are agreed that their marriage has irretrievably broken down to the extent that there are no prospects of restoration of the marriage relationship to its normal state. They are agreed too that custody of the minor child should be retained by the respondent with the plaintiff exercising access rights the... More
The plaintiff instituted divorce proceedings against the defendant, whom she married on 3 May 2002 in terms of the Marriages Act [Chapter 37] now [Chapter 5:11]. More
The applicant pleaded guilty to and was found guilty of smuggling 150 boxes of pacific cigarettes from Zimbabwe to South Africa. He was sentenced to undergo 3 years imprisonment of which 12 months imprisonment was suspended for 5 years on the customary conditions of future good behaviour. He was to serve an effective sentence of 2 years imprisonment. More
In this matter applicant filed an urgent chamber application for stay of execution pending determination of applicant’s application for rescission of a default judgment which the first respondent obtained against the applicant in HC 6085/21. First respondent opposed the application.
The relevant background is that first respondent sued applicant under HC 6085/21 for an ejectment from No 17 Ridgeway North, Colne Valley, Harare which matter applicant defended as a self-actor. HC 6085/21 was set down for a hearing on 2 June 2022 before MANGOTA J. On 2 June 2022 first respondent represented by Mr V Mhungu obtained a default judgment... More
This is an application for rescission of a default judgment made in terms of r 27 of the High Court Rules 2021. The background is that on 3 November 2021, the first respondent instituted eviction proceedings under case number HC 6085/21 to eject the applicant from a property known as No. 17 Ridgeway North, Colne valley Harare (“the property”). The application was opposed and the matter was eventually set down for hearing on 2 June 2022 before MANGOTA J. Despite being served with papers, the applicant did not appear on the date of hearing, and the learned judge granted a... More
