This is an appeal against a decision of the lower court dismissing an appeal against an order by the Community Court. The appeal before the lower court was in terms of s 24 (1) of the Customary Law and Local Courts Act [Chapter 7:05]. More
This matter came before me via the chamber book. The application was filed on 13 June, 2011 and was scheduled to be heard on the 16th of June, 2011. Because the opposing papers were filed and served upon the first respondent a few minutes before the scheduled hearing, the applicant requested that the hearing be postponed to either 20 or 21 June, 2011 to enable her to file an answering affidavit. But since the applicant’s immovable property was set to be auctioned at 10 a.m. on 17 June, 2011 I directed that the hearing be postponed to 9 a.m. on... More
The long and short of the plaintiff’s evidence on the breakdown of the marriage was that the defendant was physically and verbally violent towards her and the children of the marriage, was unfaithful to her and in the process sired a child with another woman during the subsistence of the marriage and in addition, drunk alcohol in excess. She laid the blame for the failure and breakdown of the marriage on the defendant.
In her detailed testimony, it emerged that in 1970 she fell pregnant and abandoned training as a nurse at Mpilo Hospital, Bulawayo while in the second year... More
The applicant customarily married one Christopher Chirume Tawengwa in 1992 and they had one child who is surviving. The said Christopher Chirume Tawengwa (hereinafter referred to as “Mr. Tawengwa” or “the deceased” interchangeably) died in March 2016 having been married to the applicant for 24 years. Parties herein are agreed that indeed applicant is the surviving spouse. More
Plaintiff has sued defendant for payment of the sum of $379 345.00 being the balance due and owing in respect of the cost of mining equipment sold and delivered to defendant by plaintiff. In the summons defendant was cited initially as Haygold Enterprises t/a Nzee Mining P/L and plaintiff as Roselt Mitchell Enterprises t/a Metal Components Manufacturers. More
