The respondent (as plaintiff) issued summons in the court below claiming the ejectment of the appellant (as defendant) and all those claiming occupation through her from No.1 Winston House 109 Leopold Takawira Street Harare. Holding over damages were also sought at the rate of ZW$2 500.00 per month from the date of summons to the date of ejectment as well as costs of suit. Having heard the parties in a trial, the court a quo granted the order. More
The factual background to the claim is as follows. The appellant is the holder of rights, title and interest in an immovable property known as 34819 Unit ‘G’ Seke, Chitungwiza (the property). In December 2020, the appellant entered into an agreement of sale with the first respondent in terms of which she sold her rights in the property to the latter. The first respondent complied with all his obligations in terms of the said agreement and demanded cession of rights in the property into his name. The appellant was initially cooperative, but subsequently turned hostile. She refused to effect cession... More
The brief facts of the matter are that the applicant was arraigned before the Bindura Magistrates Court on 22 July 2024 being charged with one count of unlawful detention as defined in s 93(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Code”); two counts of contempt of court as defined in terms of s 182 of the Criminal Code and one count of assault as defined in terms of s 89(1)(a) of the Criminal Code. On the charge of unlawful detention, it is alleged that on 18 July 2024 he unlawfully deprived Xu Yang, Simbarashe... More
This appeal arises from a decision of the whole judgment of the Magistrates Court sitting at Harare which determined an application for rescission of judgment in favour of the first and second respondents. Aggrieved, the appellants appeal against the decision. More
The plaintiff instituted action proceedings against the defendant claiming delictual damages. The back ground to the matter is as follows. On 30 January 2010, the plaintiff and the defendant were driving their motor vehicles along Borrowdale Road. The motor vehicles were involved in a collision near Celebration Centre. The collision was caused by the negligence of the defendant in that he drove his motor vehicle without due care and attention to other road users. The defendant paid a fine as an admission of guilty. More
