The plaintiff in this matter is a housing cooperative located in Dzivarasekwa, Harare. It seeks the eviction of the defendant and all his occupants from Stand No. 4356, Tongogara Avenue, Dzivarasekwa 2. It also claims costs on an attorney and client scale. The defendant resists eviction on the ground that he bought the stand from one Salijeni Likukula and that he is the rightful owner of the property. The issues for determination are whether the plaintiff is the owner of the stand and whether the defendant has any lawful right, claim or counterclaim over the property. More
At the hearing of this matter I dismissed all the points in limine that the first respondent raised. After hearing the matter on the merits I dismissed the applicants’ application. I have now been asked for the written reasons thereof and these are they. I will start with the points in limine. More
The plaintiff Mugadziwa issued summons out of this court on 19 May 2004 seeking from the defendant $20 million defamatory damages arising from a misconduct letter written by the defendant, Shoko, which was published to officials in the Ministry of Education, Sport and Culture at Kwekwe, the Provincial Education Director for the Midlands Province in Gweru, the Secretary for Education, Sport and Culture and the Secretary for the Public Service Commission in Harare, interest at the prescribed rate from 1st April 2004 to date of payment and costs of suit. The summons was served on the defendant on 25 June... More
This is an application for the placement of a caveat on a property known as Lot 115 of Lot 26 Lewisam of Lot E Colne Valley Reitfontein (‘the property’). It is common cause that sometime in 2022 the applicant and the first respondent entered into an agreement for the construction of two cluster blocks at the property. A dispute has arisen about the payments allegedly due to the applicant. In consequence thereof, the applicant as plaintiff has in HCH 2797/24 sued out summons against the respondent claiming payments of USD$ 23 461.96 being the total fees for manual labour; USD$6... More
This is an application for an order to declare s 8(1) of the Immigration Act [Chapter 4:02] (“the Act”) inconsistent with s 50 (2) Constitution of Zimbabwe (Amendment No. 20) Act 2013 (“Constitution”) and invalid. It is contended that s 8(1) of the Act is inconsistent with the Constitution in that it authorises an immigration officer to detain a suspect for a period not exceeding fourteen days without judicial oversight thus offending s 50(2) of the Constitution. The applicant anchors his standing on s 85(1)(d) of the Constitution, which allows any person acting in the public interest to approach a... More
