On 26 June 2022 we dismissed the appellants appeal against the refusal by the lower court of rescission for default judgment on the basis that none of the material requirements for rescission had been met by the appellants. The delay was inordinate, the explanation for the delay was unsatisfactory and the prospects of succeeds on the merits were in our view nil.
The background facts against which rescission had been refused by the lower court were these. The appellants and the respondent went onto a joint venture to operate a college. Irreconcilable differences arose rendering it impossible to continue operating... More
The plaintiff and the defendant married each other on 16 April 2023 under the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17]. The marriage still subsists. The marriage was blessed with two minor children namely Anotidaishe Chimkwasu born on 11 December 2012 and Anesuishe Chimkwasu born on 20 January 2020. On 26 April 2023 the plaintiff sued out summons for divorce and ancillary relief. In her declaration, she stated that the marriage relationship between the parties had irretrievably broken down to such an extent that there are no reasonable prospects of restoration of a normal marriage relationship... More
Applicant seeks the following order from this court;
“(1) That first respondent shall approve the layout plan for applicant within ten (10) days of service of this order, failure of which the Sheriff for Zimbabwe shall sign the layout plan in approval for subdivision E of Arlington Estate, Harare
(2) 1ST respondent shall pay the costs of this application if he opposes same.
(3) 2nd respondent, the administrative authority for the municipal area of Harare, shall be bound by the provisions of this court order. More
The court action between the parties was set down for hearing on the continuous court roll for Wednesday the 31st January and Thursday the 1st of February 2011.
It is pertinent to note that a Joint Pre-Trial Conference minute had been filed of record and signed by both parties’ legal representatives.
The matter was referred to trial by HUNGWE J on 28 June, 2017.
As for this court was concerned all the issues for trial had been settled by and between the parties. More
