On 14 July 2022, I delivered an ex tempore judgment to the effect that the present application be removed from the roll in order to pave way for the finalisation of the constitutional matter filed before the Constitutional Court under CCZ12/22. The applicant subsequently requested the reasons for the judgment. Consequently, this judgment seeks to advance the reasons therefor. More
This application is for an order under the rei vindicatio remedy to recover possession and control of property. Put differently, the applicant seeks respondent’s eviction from the property known as THE REMAINDER of SUBDIVISION C OF LOT 6 OF LOTS 190, 191, 193,194 AND 195 HIGHLANDS ESTATE OF WELMOED also known as 41 RIDGEWAY NORTH HIGHLANDS, HARARE “the property. More
The facts upon which the present application was predicated were given as follows:-
Around May 2020, the applicant said it started noticing illegal mining activity around the claims. Upon investigation it determined that the illegal activities were being sponsored by a local traditional leader, acting Chief Nyamhanza. The applicant reported this to the second respondent’s offices and requested assistance to remove the illegal miners. The respondent in turn sought police assistance and the illegal miners were removed. In April 2022, the illegalities resurfaced. Investigations revealed once more that another local chief called Chief Chimoyo was making attempts to have the... More
: The plaintiff and the defendant were joined in holy matrimony on 21 November 2004 at Harare in terms of the Marriages Act [Cap 5:11].Their marriage still subsists.
Their marriage was blessed with one minor child born on 18 May 2001. More
The plaintiff issued summons against the defendants, jointly and severally, the one paying the others to be absolved for payment of $207 344.16, being the purchase price of equipment purchased by the 1st defendant, represented by the 2nd defendant, which debt the 1st defendant acknowledged verbally and in writing. The claim against the 2nd and 3rd defendants in their personal capacities as directors of 1st defendant is predicated upon the provisions of s318 of the Companies Act [Chapter 24:03], in that, firstly, 2nd defendant personally undertook to liquidate the date from his personal resources. Secondly, 2nd and 3rd defendants acted... More
