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On 31 March 2020 applicant applied for a protection order in terms of the Domestic Violence Act [Chapter 5:16] against first respondent. An interim order was issued by second respondent and on 11 June 2020 second respondent after hearing submissions from the parties, granted a reciprocal protection order which order was meant to protect the parties against each other. Aggrieved by the second respondent’s ruling granting such an order, applicant approached this court on review on the following grounds:- 1. that second respondent’s decision was grossly irregular 2. that second respondent was also grossly unreasonable and irrational 3. that second... More

This is an urgent chamber application wherein the applicants pray for a provisional order in the following terms: “TERMS OF FINAL ORDER SOUGHT: That you show cause to this Honourable Court why a final order should not be made in the following terms: 1. The terms and conditions which applied to the Applicants at the time of their admission be and are hereby declared to be binding on the Respondent. 2. The regulatory framework imposed on the Applicants on 22 August 2012 be and is hereby declared a nullity. 3. The resolution of the meeting of 7 August 2012 be... More

The first and second applicants are the adoptive parents of “A”, a minor child they adopted as a couple. After applicants adopted the minor children, they went on to obtain adoption orders from the Children’s Court at which point they took a further step to acquire birth certificates for them in terms of the Births and Deaths Registration Act. Central to the applicants’ case is the endorsement of the words, “unknown” on their children’s birth certificates. The applicants averred that they were shocked to discover that they had been issued with birth certificates which only had information about the children... More

This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal. These are they. Applicant is facing a single count of contravening section 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegations are that in March 2019 the applicant raped his 16 year old biological daughter. The complainant reported the matter to her uncle who took her to the police and filed a report. More

Firstthe plaintiffobtained an order for the joinderto his suit ofthe second plaintiff and third defendant before my brother Judge Mawadze on 28 September 2015. The order requiredthe third defendant (Wintertons Legal Practitioners), to file its plea within 10 days. Without giving notice of intention to amend, the plaintiffs filed two “amended declarations” on 8 October 2015. On the same day plaintiffs proceeded to “serve” the amended declarations and order of joinder. They filed the affidavit of service of the first plaintiff as “proof of service” on 4 November 2015. More