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The plaintiff and the defendant where initially married to each other in 1985 in terms of customary law, but solemnized their marriage in terms of the Marriage Act [Cap 5:11] on 29 September 1994. They were blessed with four children of which only the last one Manhla Takudzwa Masuko born on 1 April 1996 is still a minor. Their marriage has irretrievably broken down. More

This is one such case in which condonation is sought for late noting of an application for rescission of a default judgment pertaining to a divorce order granted in the unopposed motion court on the 8th of April 2019 upon the applicant’s failure to attend trial. Rescission of a default judgment in terms of r27 of the High Court Rules 2021 must generally be pursued within one month of a party getting to know of such judgment. Where a party has not sought rescission within the requisite time frame, then such party must to seek condonation first to be permitted... More

At the hearing of the application I dismissed it with costs. The applicant has requested for written reasons for the dismissal. More

The first, second and third respondents opposed the application on the grounds that, firstly, in limine, it was not urgent, it failed to disclose material facts and therefore sought to mislead the court and finally that it was fatally defective for failing to comply with the rules. Secondly, on the merits, the respondents argued that the review being sought has no merit as the fourth respondent acted properly in dismissing applicant’s ex parte application, no act of spoliation has in fact been committed as the first and second respondents have filed a complaint in terms Gazetted Lands (Consequential Provisions) Act... More

By default judgment of this court per MUREMBA Jgranted in Case no. HC 4536/16 on 8 April 2019. The respondent who was then married to the applicant was successful in obtaining an order of divorce with ancillary relief. The order ended the parties’ marriage. The applicant was adjudged to be in default. Amongst other orders granted in the divorce order was a declaration that two properties namely Stand 1127 Uplands, Waterfalls, Harare and House No. 14208-2 Kuwadzana, Harare be declared the sole and exclusive e properties of the respondent. More