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
The plaintiff issued summons against the defendant claiming $83 000 for money deducted by defendant from plaintiff’s guarantee account, $82 836.00 for loss suffered by the plaintiff at the instance of the defendant, $24 000 for loss of business, $12 000 for loss shop revenue, $7 000 being value of goods lost and $1 000 being a refundable money paid to statutory bodies, interest at 14.25% per annum from April 2015 to the date of payment in full and costs of suit. More
The plaintiff and the defendant were customarily married to each other in 1976. They on 5 February 1993, upgraded their marriage to a civil one in terms of the Marriage Act (Chapter 37), now Chapter 5.11. Their marriage was blessed with 6 children who have all attained the age of majority. The plaintiff left the matrimonial home on 11 January 2009 to go and live with a girlfriend in Masvingo. He later issued summons suing the defendant for a decree of divorce and ancillary orders. More
