The applicants in this matter seek an order in the following terms:
1. That first respondent be and is hereby barred from disposing of and effecting transfer of house No 16036, 6th Street, Sunningdale 2, Harare.
2. That fourth respondent be and is hereby ordered not to effect any transfer of House No 16036, 6th Street, Sunningdale 2, Harare.
3. That House No 16036, 6th Street Sunningdale 2 Harare be and is hereby registered in the names of Sydney Mutara, Christine Mutara and Solomon Mutara in equal shares or;
4. Alternatively: That house no 6118 St Marys’ Chitungwiza and Stand... More
The background to the matter is that the respondent issuedsummons in the court a quo against the appellant for eviction and arrear rentals. The basis for the claim was that the respondent entered into an agreement with the applicant whereby the respondent would sublet to the applicant some shop space, which he rented from Sinoa holdings (Pvt) Ltd. It was a material term that the applicant would pay $860-00 per month as rentals. It was the respondent’s claim that the applicant breached the terms of the agreement by failing to pay rent resulting in arrears in the sum of $2... More
The plaintiff issued summons against the four defendants claiming payment by the defendant of the sum of US$70 505.05 being the capital sum to be used to purchase pension benefits from a registered pension fund to be nominated by the plaintiff, interest on the aforesaid sum at the prescribed rate calculated from the date of the summons to the date of full payment as well as costs of suit. More
Matirasa Katsvairo and Tawainga Arnold Katsvairo who are the first and second respondents contracted a civil marriage on 25 December 1965. The marriage still subsists. In 1979 the applicant and the second respondent entered into an unregistered customary law union. On 8 November 1989 they purported to register a customary law marriage under the African Marriages Act [Chapter 238]. In registering that marriage the second respondent gave his marital status as a person who was already married under the African Marriages Act [Chapter 238]. This purported marriage between the applicant and the second respondent was later declared null and void... More
This is a matrimonial cause wherein it is common cause that the
marriage has irretrievably broken down. The only issue for the determination of the court
was agreed by the parties at a pre-trial conference before as Judge as being -
"What would constitute a fair and reasonable division of the matrimonial assets?" More
