The parties divorced by an order of this court which awarded custody to the applicant herein. Sometime around 2018, respondent brought fresh proceedings in the Victoria Falls Magistrates Court wherein he sued for the custody of the 2 minor children. An order was then issued in the applicant’s absence in favour of respondent in that he was awarded custody rights over the 2 minor children by the Victoria Falls Magistrates Court.
Applicant then seeks a declaration that the Magistrates Court order is invalid and consequently that it be set aside. More
It is common cause that, The 1st Defendant sold her rights, title and interests in STAND No. 104 MAIN STREET, TSHOLOTSHO to Plaintiff sometime in 2003. In 2009 Plaintiff sold to the 2nd Defendant the said property for ZAR60 000.00 [Sixty Thousand Rand] and signed an Agreement of Sale with 2nd Defendant dated 23rd April 2009. The 2nd Defendant took vacant occupation of the said property on the strength of that Agreement of sale and is still in occupation of the premises. The 2nd Defendant only paid a deposit of ZAR30 000.00 (Thirty Thousand South Rand) leaving a balance of... More
1. This is an application brought by the applicant for my recusal from hearing this matter. Before the applicant argued his application for recusal, I placed the following facts on record: that I only knew Mr Jaricha counsel for the respondent only as a legal practitioner appearing before this court. I have never met him outside court and I do not socialise with him. In his brief submissions Mr Jaricha confirmed this position, i.e. that I have never met him outside court and that I do not socialise with him. More
After filing several unmeritorious applications in this court, which were either dismissed or withdrawn a decree of perpetual silence was issued by this court per CHIKOWERE J on the 11th of February 2019. The applicant was ordered not to institute any action of whatever nature with respect to a certain piece of land situate in the District of Bulawayo known as Stand 14475 Bulawayo Township of Stand 15038 Bulawayo Town Ship measuring 1 600 square metres (hereinafter referred to as “the property”). Applicant was ordered not to issue any court process commencing action, or set down any matter already filed... More
The appellant in this matter was convicted of rape as defined in section 65 of the Criminal law Codification and Reform Act (Chapter 9:23). The allegations were that appellant had anal intercourse with the complainant Sabina Dube sometime in June 2017. Appellant was sentenced to 12 years imprisonment with 3 years imprisonment suspended on the usual conditions. More
