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
On 10 May 2011 the defendant excepted to the citation of a non-existent entity by the plaintiff in action proceedings in the present matter.
The plaintiff issued summons out of this court on 14 January 2011 in HC 389/11 seeking US$5 364-00 in unpaid levies, interest at the prescribed rate and costs of suit. An appearance to defend was filed on 14 February 2011. Further particulars requested on 2 March were furnished on 7 April 2011. Amongst the particulars that the plaintiff declined to provide was one on the legal status of the defendant. The exception was served on the... More
This matter came before me on the Unopposed Roll. I requested for heads of argument after raising issues with regard to the applicant’s locus standi in the matter. The supplementary heads of argument were indeed filed. More
This is an appeal from the arbitral award of Honourable Nhongo. The facts are that appellant and respondent were embroiled in a labour dispute over the non-remittal of union dues to the respondent. The matter went before the Designated Agent of the respective Employment Council. The matter was later referred to the arbitrator who found in favour of the respondent. The appellant is dissatisfied with this ruling and has approached this court for relief. More
