The applicant and the first respondent are wife and husband respectively who took the solemn vows of marriage on 27 December 2008. Their marriage was blessed with four children who are now aged 22, 16, and the youngest who are twins are aged 14 years. This case ex facie renders sufficient testimony that the fountains of love between these two rival parties have long dried up and that the marriage now remains only on paper. When the parties appeared before me, I did not hesitate to ask them together with their counsels why so much exertion, emotion, sweat and expense... More
This matter was set down for trial to commence on 6 September 2021. Counsel for the defendant rose and informed me that he intended to raise an additional preliminary point. The issue relates to what he termed the purported amendment of summons. Both counsel proposed to file supplementary heads of argument. In plaintiff’s supplementary heads of argument besides the amendment of summons and declaration issue he made additional submissions as regards the issue raised as early as the defendant’s plea, the issue of prescription. More
The declaration of the plaintiff attached to the summons states that the plaintiff is a local businessman in Mutare. First defendant resides in Mutare and second defendant resides in Harare and is a registered legal practitioner.
On 19 July 2017 and at Harare at second defendant’s offices the parties entered into an agreemet of sale where first defendant sold to plaintiff Stand 7061 Mutare Township for a purchase price of US$90 000-00. The terms of the agreement were that US$60 000-00 was to be paid upon the signing of the agreement, US$ 15 000-00 on or before 30 November 2017,... More
The applicant has approached this court seeking to be admitted to bail pending appeal. The application is opposed by the State on the ground that there are no prospects of success in her appeal. The applicant was convicted and sentenced on charges of fraud (3 counts) contrary to s 136 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) on 2 August 2024. The total effective sentence was thirty (30) months imprisonment after portions of it were suspended on conditions of good behavior and compensation to the victims. More
The applicant is seeking the following interim relief:
“Pending determination of this matter, the applicant is granted the following relief:
IT IS ORDERED:
1.That pending the return day, the execution of the warrant of ejectment and execution against property issued by the Registrar of the High Court under R-HCH 3300/23 on 27 February 2025 in respect of the Muziti Assembly be and is hereby stayed.
2.That the respondents who opposed this order shall pay costs of this application on a legal practitioner and client scale.” More
