The parties herein married in 1999. The plaintiff, Rutendo Tandi, seeks divorce from the defendant, Theresa Tandi on the grounds of irretrievable down of their marriage. There are two children from the marriage both of whom have reached the age of majority. It is also common cause that the plaintiff is in agreement that the two immovable properties that are already in his wife’s name should be retained by her. The parties are also agreed in general that household movables acquired during their marriage should go to the defendant save for contestation regarding two motor vehicles. More
The plaintiff’s claim in this matter, as amended, is for damages in the sum of $2.5 billion as the current market value of the immovable property that was sold to the plaintiff through the defendant. In the alternative, she claims repayment of the purchase price of $220 million paid to the defendant together with interest at varying rates. The defendant denies liability in respect of both main and alternative claims. More
DUBE-BANDA J:
[1] The applicant seeks a declaratory order to the effect that she is the lawful and sole owner of stand number 1025 Strathaven, Harare, (“stand”) and that any sale or disposal of the stand unlawful, null and void.
[2] The application is opposed by the first, third and fourth respondents. The third respondent is Milivic Housing Trust for convenience it shall be hereinafter as the “Trust”. The second respondent (“Makari James”) filed an affidavit, whose net effect is in support of the application. After hearing arguments and at the stage of writing this judgment, it occurred to me... More
: This is a court application for review made in terms of s 26 of the High Court Act, [Chapter 7:06] as read with Order 33 of the high Court Rules. 1971. The grounds for review are given as follows:
1. “The learned magistrate grossly erred at law and in fact in concluding that the default was wilful when the applicant was in court just after the default was passed. That the applicant saw that first respondent still at court.
2. The learned magistrate grossly erred in failing to treat this matter with fairness and the applicant was in wilful... More
The parties married on 13 December 1992 in terms of the Marriage Act [Cap 5:11]. Two children were born of the marriage, Diana Musonza (born 24 March 1993) and Tafadzwa Musonza (born 24 January 2000). The parties resided at number 3 Dunmore Avenue Queensdale. The marriage was an unhappy one filled with physical and emotional abuse. The plaintiff left home on numerous occasions but always returned in the hope that the marriage would work. In October 2006 however things came to a head and plaintiff decided that she had had enough. The plaintiff moved out of the matrimonial home and... More
