For 31 years the plaintiff and the defendant lived together as husband and wife in an unregistered customary law union (“the union”). During the subsistence of the union the parties acquired a sizeable number of assets, both movable and immovable. The plaintiff said they pooled their resources and acquired those assets jointly. The defendant denied there was any such pooling of resources, and said that each of them acquired their own assets separately. He further said on the dissolution of the union the plaintiff took the bulk of such items as she herself had acquired. More
DUBE-BANDA J:This is an application for condonation for late filing of notice of appeal against both conviction and sentence, and for leave to prosecute the appeal in person. The brief facts are these: the applicant was charged with the crime of kidnapping as defined in section 93(1) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 25 June 2020, along Cecil Avenue, Selbourne Park, Bulawayo, applicant forced complainant, a twelve year old into his motor vehicle. While inside the vehicle applicant tied complainant’s hands together with shoe laces. He drove his vehicle... More
When the parties initially squared off the dispute was whether or not to grant an application for the cancellation of the agreement of the sale of a motor vehicle entered into by the parties(and other related relief sought by the applicant). However, the matter soon assumed a different complexion in the wake of the about turn made by the respondent company which,after initially resisting the applicant’s prayer for the said cancellation, subsequently acceded to the same. The dispute then narrowed down to the question of the determination of the refund of that part of the purchase price which the respondent... More
This is an urgent chamber application. It pits, on the one side, one George Musanhu (“George”) fronting a trust formed by himself, the Aube Musanhu Family Trust (“the Trust”), which is cited as the applicant. On the other side is one Chipo Munguma (“Chipo”). What is sought is spoliation. Through George the Trust says it has been despoiled of a certain sugar cane farm in Chiredzi, namely Subdivision 5 of Farm 7 and 8 Hippo Valley, one of those resettlement farms by Government under its land reform programme. More
