The applicant has approached this court seeking leave to reinstate case number HC 129/18 (hereinafter referred to as the main case) which case was deemed abandoned and dismissed on 7 December 2022. Applicant and respondent are husband and wife respectively. The main case sought to be reinstated was a matrimonial action. The respondent has opposed the application mainly on two grounds. More
This has been a highly contested and protracted matrimonial action. The plaintiff issued summons against the defendant on the 18th of September 2018 praying for a decree of divorce and ancillary relief which included custody of the children and division of the assets of the spouses. The plaintiff’s summons and declaration were countered by the defendant’s elaborate plea and counterclaim which ballooned the contested issues to include spousal maintenance as well as maintenance of the children, custody of the minor children, the distribution of both movable and immovable assets. More
On 20 March 2021 the Applicant brought an urgent chamber application seeking the following:
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms that:-
1. The provisional order be and is hereby confirmed.
2. Respondent be and is hereby interdicted from interfering with Applicant’s guardianship rights in respect of Applicant’s biological children.
INTERIM RELIEF SOUGHT
Pending the Return Day, the Applicant is granted the following relief:-
“1. Respondent is interdicted from sending KK born on 3rd April 2008 (the child) to Chemhanza Secondary School.” More
The appellant’s appeal in this case was against both conviction and sentence as imposed by the Regional Magistrate siting at Rusape Magistrates Court on 25 April 2024. He was convicted of one count of rape in terms of s 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 years imprisonment. Although the appeal was said to be against both conviction and sentence, the Notice of Appeal contained no grounds of appeal against sentence and there was also no relief sought regarding the aspect of sentence. When we heard the parties on 11 September... More
This is an appeal against the whole judgment by the Provincial Magistrate sitting at Mutare on 23 March 2020 where he granted an absolution from the instance in favour of the respondents where the appellant was seeking an order for eviction against them.
The appellant outlined his grounds of appeal covering three pages which need no repetition. Serve to mention that the grounds of appeal are all repetitive, argumentative and vague. As a result the respondents justifiably raised three points in limine as follows: More
