In 1975 the applicant married the deceased in terms of an unregistered customary law union. On 26 June 1981 the parties registered their marriage in terms of the African Marriages Act [Chapter 238]. The parties have six children who are now adults. On 11 May 2018 the deceased married Masuku in terms of the Marriage Act [Chapter 5:11]. There is one minor child of this marriage. Obert Dube died on 4 January 2022. At the time of his death, both marriages were subsisting. On 19 November 2021 the deceased executed a Will, and on 14 February 2022 the Master of... More
The background to this matter may be summarized as follows, that the parties were married to each other, and their marriage was dissolved on 19 May 2022. The division of the assets of the parties was predicated on a consent paper. In respect of the immovable property, the court granted an order (HC 1131/21) couched as follows: -
“House No. 1449 Mahatshula North, Bulawayo be and is hereby awarded to the plaintiff and defendant on a ratio of 6:4 with the plaintiff being awarded 60% and the defendant 40% of the property. The plaintiff is awarded the option to buy... More
The applicants obtained interim relief and on the confirmation date they sought the following final order, that;
“1. The purported appointments of the listed people as Holy Messengers and Evangelists be and is hereby declared unlawful and therefore null and void and be and is hereby set aside:-
1.1 Holy Messengers
a) Sethulo Chauke
b) Getrude Chitonho
c) Sizo Dube
d) Sithandiwe Ndlovu
e) Vavariro Jane Maphosa
1.2 Evangelists
a) Calvin Chauke
b) Tonderai Chitonho
c) Mthulisi Dube
d) Regis Ndlovu
e) Martin Maphosa
f) Tsistsi Moyo
g) Miriam Dube
2. The purported suspension of Smart Moyo and Simon Moyo... More
The background of this matter is that applicants and respondents have a dispute regarding issues at the 8th and 9th respondents being a church in Zimbabwe but also headquartered internationally overseas. Applicants are disgruntled with the manner in which the constitution of the church in Zimbabwe from the founding affidavit and the rest of the papers although the draft order (clause (9)) thereof is relating to the constitution of 1st respondent yet 1st respondent per the founding affidavit is a natural person. There is seemingly a problem there. The applicants also have an issue with the way they were evicted... More
This is an application for rescission of judgment in terms of Order 49 Rule 449 (a) of the High Court Rules, 1971. The application is opposed by the respondent who contends that the application is entirely devoid of any merit.
Factual background
Inspite of the voluminous nature of the application before this court the facts giving rise to this application may be summerised for convenience as follows. The applicants filed a court application on 5th April 2018 and served it on the respondent on 16th April 2018. Despite having filed their answering affidavit on the 11th of July 2018 and... More
