The plaintiff and the defendant were married in Harare in February 1982. There are no children to the marriage. The parties have realized that they no longer have love and affection for each other and that their relationship has broken down and cannot be retrieved. They came to this joint conclusion at a pre-trial conference that was held after the plaintiff had issued summons for divorce in January 2006. At the same pre-trial conference, the parties also agreed on how to share the movable assets of their joint estate in the event that the court agreed with them that their... More
The plaintiffs issued summons against the defendant claiming payment of a total sum of US$480 000.00, collection commission and costs of suit on the attorney-client scale. More
This is a chamber application brought in terms of r 348 A (5b) of the High Court Rules 1971. The applicant seeks the postponement or suspension of the sale in execution of a certain piece of land situate in the district of Salisbury called the remainder of Subdivision C of lot 6 of lots 190, 191, 193, 194 and 195 Highlands Estate of Welmoed measuring 4377 square meters. More
This judgment disposes of 2 applications. HC 11349/17 is an application made by Puwayi Chiutsi (Chiutsi), a legal practitioner and officer of this court and as such occupying a very privileged position in the justice delivery system, for an order setting aside theconfirmation of the sale in execution of his house in Highlands Harare in pursuance of a judgment of this court granted on 4 November 2014 in favour of Elliot Rodgers, a former client of Chiutsi, in the sum of $70 000-00. In HC 2650/18 is an application for a declaratur brought by Elliot Rodgers against the Sheriff of... More
On the 30th of August 2022, the applicant filed what he termed, “Court application for rescission of judgment in terms of common law on the grounds of fraud and error”. The application was strenuously opposed by the 1st and 2nd respondents. On the 18th of October 2022, the 1st respondent not only filed his notice of opposition and opposing affidavit. He also filed a counter application seeking an order for a decree of perpetual silence against the applicant. Both applications were set down for the 17th of March 2023. For ease of reference, I will maintain the same citation of... More
