A plaintiff is required to plead his /her claim in terms that are lucid, logical and intelligible. A plaintiff must only plead the facta probanda and not the facta probantia. A plaintiff does not need to plead evidence or the law. The defendant is not entitled to an abridged version of the plaintiff’s evidence. The defendant is only entitled to such information as would enable them to respond to plaintiff’s claims. An exception based on the lack of a cause of action in the plaintiff’s claims must establish that there are no facts pleaded that can be sustained even if... More
The applicant appeared before a Magistrate at Bulawayo on the 1st of September 2022 facing 3 counts of rape as defined in section 65 (1) (a) (b) of the Criminal Law Codification and Reform Act (Chapter 9:23) and one count of escape from lawful custody as defined in section 185 (1) (a) of the Criminal Code. Applicant was remanded in custody and is currently incarcerated at Khami Prison awaiting trial. Applicant applies for bail pending trial and contends that he is a suitable candidate for bail. The application is opposed by the state on two principal grounds. The state avers... More
On 18 September 2023 this court heard and determined an appeal by the appellant against the decision of the Magistrates’ Court given under case number CC2472/21. In the application before the Magistrates’ Court, the 1st respondent sought and was granted an eviction order against the appellant from a house in one of the high-density suburbs in Bulawayo on the basis that the appellant has been occupying the property in question without the 1st respondent’s consent. Yet, the 1st respondent is the holder of all rights and interests in respect of the property by an agreement of sale that she has... More
This is an application whereby the applicant seeks the following interim relief.
“Pending finalisation of this matter, the applicant be and is hereby granted the following relief:
The execution of the warrant issued by this court under cover of HC 1525/19 be and is hereby temporarily stayed pending the return date of this matter.”
The facts of this matter are that applicant is married to 1st respondent and the marriage still subsists. Sometime in 2011, applicant sought and got a provisional order barring 1st and 4th respondents from selling the parties’ matrimonial home namely stand C55 Njube Township in Bulawayo. More
The applicant issued out summons against the respondent in which she claimed payment of US$58 873 or the equivalent in Zimbabwean dollars payable at the prevailing interbank rate on date of payment, interest on the said sum at the prescribed rate and costs of suit on an attorney-client scale. The respondent entered an appearance to defend and subsequently filed her plea. More
