The applicant approached this court on an urgent basis seeking a spoliation order. The parties are married to each other and are on separation pending divorce. When the parties separated, the applicant retained property which includes a Chrysler 300D registered in Botswana which he keeps at his house and the respondent a Mercedes Benz CLK 320 and other property. More
This is an application for review brought in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28] AJA. The applicant is challenging the second respondent ‘s decision to terminate the applicant’s right of occupation of Stand Number 8A Captain Tapfumanei, Mbare before conferring same to the first respondent’s now deceased husband, Peter Baipai. It is the applicant’s contention that the decision by the second respondent must be set aside on the basis that it was irregular, unlawful and procedurally unfair. The application is opposed by the second respondent only. First and third respondents did not file any opposing... More
This is an appeal from a judgment of the Magistrates Court (Civil), per Mrs Mazhande, which was handed down on 8 June 2021. We heard the appeal on 28 October 2021 and reserved judgment after hearing submissions from the parties. The background to the dispute which has culminated in this appeal are that, on 1 June 2020, the appellant and the respondent entered into a lease agreement in respect of premises known as B209 Odzi Apartments, Corner Glenara Road and Samora Machel Avenue, Harare (hereinafter referred to as “the property”). The said lease agreement, which appears on pp 24-27 of... More
The plaintiff is the owner of certain business premises known as Sportlight Butchery and Bottle Store situate at Juru Business Centre, Chikwaka District, Goromonzi. The plaintiff was represented at the trial by his brother one Onias Gatawa duly authorized thereto by power of attorney granted to him by the plaintiff. More
On 10 September 2008 at around 7.30 pm the plaintiff was driving an E 200 Kompressor Mercedes Benz 1998 model from Gweru to Harare. At the 49 km peg, just before reaching Norton he drove into the back of a trailer. The trailer was being towed by a tractor driven by the first defendant during the course and scope of his employment with the second defendant. Both the trailer and the tractor belonged to the second defendant. More
