The parties are parents to three minor children, two daughters and a son. They were divorced by an order of this court under case no HC 9397/05. In terms of the order of this court divorcing the parties, matters relating to the custody, access to and maintenance of the minor children were to be governed by the provisions of a consent paper entered into by the parties prior to the granting of the divorce. In terms of the consent paper, custody was awarded to the respondent. More
On 12 December 2005, the respondent issued summons out of the magistrates’ court at Harare claiming division of certain property and costs of suit. In the claim the respondent alleged that she was in an unregistered customary union with the appellant which has since dissolved. She further alleged that during the subsistence of the union, she and the appellant jointly acquired certain movable property which she listed in an annexure to the summons. She averred that it would be just and equitable for the property so listed to be distributed as between the parties. More
This Application concerns a double sale of an immovable property called Stand 1015 Heights Kariba (the property). The parties to the application are set out in the heading. I do not therefore restate them. The background facts are not in serious dispute.
At the commencement of the hearing the first and the second respondents opposing papers and heads of argument were time barred. The bar was uplifted by consent. The first and the second respondents then formally withdrew case No HC 5015/22 and tendered costs on the legal practitioner and client scale. Case No HC 5015/22 was an application to... More
On 31 July 2018 a notification from the Sheriff was served upon the applicant informing him that his immovable property known as 265 Hopely Township of Subdivision C of Hopely measuring 1925 square metres registered in the applicant’s name had been sold to the highest bidder Trueness Mutamire for $50 000.00. The applicant proceeded to file an application for objection to the confirmation of sale in terms of Rule 359 (1) (b) of the High Court Rules. At the hearing of the objection on 18 September 2018 the applicant referred to 2 valuation reports that were attached to the application... More
This is a claim fordelictual damages arising out of a road traffic accident that occurred on 3 February 2012. The facts of this case are largely common cause.The defendant’s vehicle a Nissan 1800 collided with plaintiff’s Opel Corsa at the intersection of Vincent Avenue and Blackway Drive, Belvedere, Harare. The plaintiff’s vehicle sustained damages totalling US3 324.00. The defendant paid an admission of guilt fine. The defendant’s insurer paid a total of USD 1 200.00based on their limit of liability, towards the repairs to the vehicle. Abalance of USD2 142.00 is still outstanding and remains unpaid. On 16 August 2011... More
