This appeal is against the judgment of the Magistrates Court sitting at Victoria Falls, handed down on 16 May 2024, dismissing an interpleader claim by the appellant. We engaged counsel at the beginning of the appeal hearing regarding what appeared to us to have been a splitting of the appeal. That engagement was because a few days previously, we had dealt with another appeal arising from the same proceedings as this appeal did, albeit by a different appellant. We ultimately decided not to go back to that issue. More
Plaintiff instituted proceedings by way of a summons against the defendant claiming an order for a decree of divorce and other ancillary relief. Defendant opposed the plaintiff’s claims. The following facts are common cause between the parties;(a) that the marriage has irretrievably broken down.
(b) that defendant shall have custody of the minor children of the marriage.
(c) that plaintiff pays maintenance in terms of the Maintenance Court order under case number M 433/16.
(d) that the parties shall share their household property; and
(e) that each party will get half of the ten (10) goats. More
This is an application for the removal of the Executrix Dative on the grounds that the first respondent has abdicated her duties since her appointment in 2014 to administer the estate of the late Remusi Machokoto. More
This is an application for bail pending trial. The application was filed on 25th January 2021. I then advised the parties of my intention to dispose of the matter on the papers. To that end I invited them to file heads of argument, if they were so inclined, by 27th January 2021. Counsel for the applicants filed heads of argument on the 28th January and none were filed by the respondent. More
This is an urgent chamber application to stay the execution of the judgment issued in the matter under case number HC 2272/18; Ex-Ref LC/MT/531/18; Ex-Ref LC/B/LARA/2777/18 and the sale of applicant’s movable property being a trailer, bearing registration number ABS 1872. The application is premised on the following grounds:
(a) the matter is urgent;
(b) applicant will suffer irreparable harm or prejudice if execution is granted;
(c) applicant has very good prospects of success on the merits in the main application under case number HC 823/19 More
