The applicant seeks leave to execute a judgment granted by this court on 9 April 2021 under HC 912/21 pending the hearing and determination of an appeal lodged by the respondent in the Supreme Court under SC 80/21. Essentially, the applicant was granted spoliation order which restored it to possession of No 750 Gaydon Road, Greystone Park Harare (“the property”), and also ordered the respondent and all those claiming through it to vacate the same property. The respondent’s appeal suspended the judgment under HC 912/21. More
The applicant approached this court seeking rescission of a judgment in terms of r 449 of the old rules of this court and also in terms of common law for declaratory orders and ancillary relief. The first, second and fourth respondents raised the following points of law;
1. (a) Prescription
(b) Material dispute of fact
(c) Application defective and bad at law
(d) Locus standi
(e) Material nondisclosure of facts
(f) Res judicata among others and More
The plaintiff and defendant were married to each other in terms of the Marriages Act, [Cap 5:11] at Harare on 19 August 2002. Their marriage still subsists. Prior to that date they had been living together as husband and wife in terms of customary law since 1995. More
The plaintiff and defendant who are wife and husband respectively are Zimbabwean citizens and domiciled in Zimbabwe. They however married each other in Zambia on 21 November 1967 under the provisions of the Marriage Ordinance, Zambia. This court has jurisdiction to deal with the divorce proceedings instituted by the plaintiff. More
