The plaintiff and the defendant are husband and wife who were married in terms of the then Marriage Act [Chapter 5:11] in 2006. Whereas the plaintiff said that this followed an unregistered customary law union entered in 2004, the defendant insisted that this was in 1999. Three children were born to this marriage namely Takudzwa L. Shereni (born 8 August 1999), Tinotenda Shereni (born 22 December 2004) and Tawananyasha B. Shereni (born 28 November 2012). More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. Since the second respondent, the Messenger of Court is cited here in his nominal capacity and did not file any papers, for ease the first respondent shall be... More
The applicant was convicted by a magistrate court sitting at Harare on a charge of contravening section 136 of the Criminal Law (Codification and Reform) Act [Cap 9.23]. It was alleged that on the date unknown to the prosecutor but during the period extending from July 2012 to June 2013 and at LL Promotions, Harare, applicant unlawfully and with intend to defraud or realising that there was a real risk or possibility of defrauding, misrepresented to complainant Langton Chawota that he had a diplomatic bag in Benin, which contained USD 10 million which he wanted to be repatriated to Zimbabwe... More
This appeal centres on a land ownership dispute in Manjonjo Village, Murehwa. In hearing the matter de novo as per s 24(2) of the Customary law and Local Courts Act [Chapter 7:05] the Magistrate determined that the focus should be to ascertain, on a balance of probabilities, who is the owner of the land in the sense of who was actually allocated the land in the initial instance upon the facts submitted. This was in contrast to the Chief’s approach in the community court where the matter had been decided as if the dispute was one of boundaries. More
