On 18 July 2023 I delivered the following ex tempore judgment in court. A written judgment has been requested and same is provided hereunder.
The facts of this matter are mostly common cause. The applicant is a returning resident who was entitled to a rebate on duty which was duly granted by the respondent. Among the applicant’s belongings which benefited from the rebate is a Landrover Range Rover TDV6 registration number AFE 5268 motor vehicle. It is also not in contention that applicant returned to the United Kingdom before 24 months expired and that he did not return to Zimbabwe... More
The applicant is charged with the offence of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The allegations on which he was placed on remand by the magistrate were that, on 12 December, 2018, the applicant entered the deceased’s room at 3705 Glen Norah A where they both resided. The deceased was asleep naked. The accused was armed with two knives and a pair of scissors. The applicant stabbed the deceased several times upon his body until the now deceased passed on. Thereafter the applicant cut off the deceased’s testicles using a... More
First and second plaintiffs Simon and Leah Chayayi (“Mr and Mrs Chayayi”) instituted declaratory proceedings for an order confirming their rights title and interest in an immovable property situate in Mutare.
The action was resisted by first, second and third defendants. I will refer to these as “the Harry Trust”, “Mr. Nhiwatiwa” and “Baxter Paints” respectively or just the excipients. The fourth, fifth and sixth defendants are not participant herein. More
A brief background of this matter is a good place to start. The parties are half siblings. Their dispute revolves around the estate of their late father Wise Kambaurayi Guti who died intestate on 10 February 1996. In his estate was an immovable property, Stand Number 3096 Highfield Township, Harare. The plaintiff was appointed heir to his father’s estate by operation of s 6(2) of the Administration of Estates Act [Chapter 6:01]. Resultantly, the plaintiff inherited the property in his personal capacity and it is now registered in his name under Deed of Transfer Number 7493/2000. More
This is a ruling in an application for absolution from the instance at the close of the plaintiff’s case. The basic circumstances are as follows:
The plaintiff is a son to the first defendant. On the 2nd October 2013, the plaintiff issued summons against the first and second defendants seeking an order in the following terms:
1. An order declaring the agreement of sale entered into between the parties in 2001 legal and binding upon the parties
2. An order transferring the right, title and interest in House No. 1740 St. Mary’s Chitungwiza to the Plaintiff within 21 days of... More
