Almost every human being has a primal need to have sex. A man with moderate mental impairment who actively initiates sexual intercourse is not a victim of sexual abuse. He is entitled to enjoy it. As such mentally challenged people, depending on the degree of the mental disability desire intimacy like any other human being. Those desires, where appropriate must not be subordinated to those of the so-called rational beings. This appeal however illustrates that where a rational person engages in sex with another who has a mental disability, the line between prison and enjoyment can be very thin 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
This is an urgent application. This application was first was set down for 20 March 2023. At the commencement of the hearing on 20 March Mr. Chinyoka for the first respondent made an application for a postponement. Counsel submitted that the first respondent was served with a notice of set down without a copy of the chamber application, and requested that the matter be postponed to enable the first respondent to prepare and file a notice of opposition. The request for a postponement was not opposed, it was granted and the matter was then postponed to 30 March 2023 at... More
