This is an application for review brought in terms of section 27 of the High Court Act [Chapter 9;07] wherein the applicant seeks an order setting aside the decision of the Magistrates Court sitting at Chiredzi. The applicant avers that the decision should not be allowed to stand as it is gross unreasonable. In the impugned decision, the Magistrate, who was cited in this application as the 1st respondent, dismissed two related applications both of which were launched in that court by the applicant. More
I reluctantly acceded to the request to provide written reasons for the order I had granted in this matter on 1 August 2018 after hearing arguments from Counsel. The reason for these was two fold. Firstly, I had given detailed ex tempore reasons for the order granted and indicated that if full written reasons were required such a request should be made timeously. The request was only made some three months later on 17 November 2018. Secondly, the request was being made by the respondents in whose favour I had made the order. It was not apparent to me why... More
This is an action for divorce and ancillary relief. The parties are married in terms of the marriage Act, [Chapter 5:11] (Now the Marriage, Act [Chapter 5:17], which marriage was solemnised on 19 January 2007. Not only are the parties resigned to the fact that their marriage has irretrievably broken down and therefore should be dissolved, but they also agree on the distribution of the bulk of their assets as between them. They however remain poles apart on two outstanding issues namely:
a) The custody of their child Kudzaishe Magande (born on 9 August 2010) who, of their three children,... More
The plaintiff seeks to recover from the two defendants, jointly or severally, the sum of US$50 000 being damages for malicious prosecution. He claims that the defendants maliciously set in motion a process that led to his arrest on allegations of fraud and his subsequent prosecution in the magistrates Court. He alleges in his declaration that the first defendant made the report of fraud against him to the police while fully knowing that there was no probable cause for doing so nor did he entertain any reasonable belief in the truthfulness of the information which he supplied to the police. More
Lying at the heart of this dispute in the authenticity (and therefore validity) of a will purportedly left by the late Iddah Sharai Govereh (the deceased). The date of her demise is not apparent from the papers filed of record as neither party alluded to the same. More
