CHAREWA J: This is a matter which should never have seen the light of day in court but for the plaintiff’s obduracy in persisting with the claim and the dearth of proper legal advice.
Claim
Plaintiff sued the defendants seeking a declaratur that the sale agreement between 1st and 2nd defendant was invalid as there existed a prior sale to himself. Accordingly he sought a further declaratur that he be declared the rightful owner of the premises in question. And further that he should recover his costs on a legal practitioner and client scale. More
The applicants were electrical powere ngineering students at the Masvingo Polytechnic College (hereinafter called the College). The 1st respondent is the Principal of the said College. The second respondent is the Masvingo HEXCO Regional Chairperson for HEXCO Board. 1strespondent is cited as the responsible authority for student affairs of the College. 2nd respondent manages the examinations of first respondent. More
Our job or call as judicial officers is definitely not short of its comic moments.
I never did foresee that the establishment of a third High Court in Zimbabwe at Masvingo under the good intentions of decentralisation and bringing justice to people would at times achieve the unintended. Indeed, it has opened flood gates to all manner of court processes especially by self-actors who nonetheless have the right of audience before this court. More
These were two cases in one. Except for the different applicants everything else was the same. So the parties agreed to have the matters combined for argument. It was expedient. More
I decided to write this judgment despite that this is an unopposed matter. The reason for this rather unusual course of action will become more apparent later in this judgment. Suffice to say that this was mainly because of the procedural frailities inherent in this review application and the order being sought in the matter set on the unopposed motion roll. I also invited Mr Mbwachena to address me on legal problems apparent in this matter and unfortunately he appeared unprepared and unhelpful. More
