BACHI MZAWAZI J: On the 28th of November 2019 applicant and the first respondent entered into an agreement of sale of a motor vehicle, Land Rover Discovery Engine number 03255292276DT, Chassis number SALLAAA138A491750 for the sum of US$10 000,00, United States ten thousand dollars. The vehicle in question, is alleged to have been imported by the second respondent and given to the first respondent to sale on his behalf. At the conclusion of the sale transaction, delivery of the vehicle itself, the ignition keys alongside the accompanying original documents consisting of the Customs clearance certificate, declaration and Customs payment receipts... More
The plaintiff issued summons out of this court on 4 June 2009 seeking US$10 000-00 adultery damages against the defendant. On 3 February 2010 she reduced the amount to US$5 500-00 being US$3 000-00 for loss of consortium and US$2 500-00 for contumelia. The defendant contested the trial. More
This is an application for the cancellation of the agreement of sale of immovable property being Stand 1542 – 6 Hallen Drive, Athlone, Gweru, entered into in favour of third respondent’s minor charges Zandile E and Akhumuzi Justin Danisa. The sale was authorised by first respondent and consented to by second respondent, in the winding up of the estate of late Rodgers Dhliwayo. More
1. This is an application for reinstatement of a case that was deemed to be abandoned for failure to file heads of argument in time. The deeming provision is Rule 46 of the Labour Court Rules S.I.57 of 2017. The application is opposed. The reason for failure to file heads of argument was that the legal practitioner was in South Africa for treatment after an accident. More
The appellant is the daughter of the late Edith Shope Goto (“the deceased”), who died on 8 May 2021, and is also a beneficiary of the Estate Late Edith Shope Goto (“the estate”). According to the appellant, the deceased donated her sole immovable property, namely Stand 1207, Mabelreign Township, held under deed of transfer number 3031/91 (“the property”) to her. On 22 July 2016, in the presence of Peter Makonza, Haggai Makonza and Rudo Makonza-Goto, the donation was executed by the deceased through a deed of donation. On the same date, the deceased executed a declaration stating that she donated... More
The issue arising from this application for a declarator is whether property can be transferred to a donee after the death of a donor. Applicant, Chipo Goto, seeks to have declared null and void, the first and final distribution account in the estate of the late Edith Shope Goto, her mother, and who died on 28 May 2021. She also seeks that the first respondent, Shadreck Tsuro being the executor, sign all documents to distribute and transfer to her, property known as Stand 1207 Mabelreign, Township, held under Deed of Transfer Number 3032/91. More
The applicant was the plaintiff in an action she instituted for divorce and the distribution of matrimonial assets between her and the respondent who was then the defendant. Her prayer for divorce was granted. More
The present application is an offshoot of proceedings that are pending before this court involving the same parties in HC 3911/21. In that matter, the first respondent herein is the plaintiff, while the applicant herein is the first defendant. The second and third respondents herein are the second and third defendants in that matter. At the centre of the dispute is an immovable property known as Stand Number 3462-9th Crescent, Dzivarasekwa Township, Harare (the property). More
After hearing argument in this application for condonation by a barred party, I dismissed the prayer and gave reasons ex tempore. I now furnish written reasons at the request of applicant. More
TAKUVA J: In this matter plaintiff issued summons against defendant claiming for an order as follows:
(a) A decree of divorce;
(b) An order that plaintiff be awarded stand number 369 Beeston Road, The Grange, Harare;
(c) An order that each party keeps as his or her sole property all movable property as may be in their possession on the date of issuing summons;
(d) An order that each party bears its own costs. More
I heard this matter on 17 March, 2021. I delivered an ex tempore judgment in which I granted the plaintiff’s claim as prayed in the draft.
On 23 April, 2021 counsel for the defendant wrote requesting for reasons for my decision. These are they:
On 3 August, 2016 the defendant executed an acknowledgement of debt in favour of the plaintiff. It acknowledged its indebtedness to the plaintiff in the sum of US$31 780.8 and in a further sum of ZAR 458,799.8 together with interest at 10% per annum. It paid off the sum of US$31 780.8. It left the balance... More
This application was filed on 1st September 2020 by Eunice Jeyacheya. Eunice subsequently died on 1st August 2021 as per the death certificate filed of record. Chiratidzo Lorraine Jeyacheya was then appointed Executrix Dative as per Letters of Administration also filed of record and in that capacity sought to be substituted as the applicant and was so substituted in terms of Rule 32 (9) of SI 202/2021. More
This is an application for a spoliation order pursuant to applicants’ conviction for contravening the Gazetted Land (Consequential Provisions) Act [Chapter 20:28]. Having been convicted and sentenced on 26th January 2010, they were also ordered to vacate the land not later than 5.00 p.m on 27th January 2010. The basis of the present application is that the applicants were forcibly dispossessed of the land by first to sixth respondents. More
In this action the plaintiff seeks the eviction of the first defendant and all those claiming occupation through him from the immovable property known as subdivision 1 of Reinfield, situate in Makonde, Mashonaland West Province. The plaintiff also claims costs of suit as against the first defendant only. More
The first applicant herein after referred to as the Grantor is the registered owner of certain six mining claims situate in the district of Shamva being:
Name Registration Number
Dodge 1 1990/ 1 BM
Dodge 2 20079/80 BM
Dodge3 11392 BM
Dodge 4 11541 BM
Dodge5 11542 BM
Dodge 6 15737 BM. More
