The applicant is a female adult resident in Marondera. The first respondent is a surviving spouse of the late Timothy Musariri who died on 25 September 1994. The first respondent was married to the late Timothy Musariri in terms of the African Marriages Act, (now Customary Marriages Act, Chapter 5:07). The late Timothy Musariri was the registered holder of interests and rights in the matrimonial home being house No. 7 Kasipiti Way, Rujeko, Marondera.
The second respondent is the son of the late Timothy Musariri and the first respondent. At the time of Timothy Musariri’s death he was a minor.... More
On 10 January 2017, the plaintiff instituted summons action against the defendant seeking the following relief:
“WHEREFORE Plaintiff claims:
(a) That the Defendant be and is hereby ordered to pay US$ 15 000.00
(b) Interests at the prescribed rate from the date of the issuance of summons.
(c) Costs of suit on an attorney-client scale.” More
This is an appeal against the sentence imposed upon the appellant following his conviction on a charge of malicious damage to property as defined in s 3 (1) (h) as read with s 4 (1) of the Domestic Violence Act [Chapter 5:16]. The appellant was convicted on his own plea of guilt. He was sentenced to 14 months imprisonment of which 2 months imprisonment was suspended for 5 years on condition that he does not commit an offence involving damage to property as an element for which he is sentenced to imprisonment without the option of a fine. A further... More
After hearing the parties I delivered an ex-tempore judgment and dismissed the application for bail pending trial. I have not been asked for written reasons but decided to give such reasons that notwithstanding.
The applicant is facing a murder charge, it being alleged that sometime during the period extending from end of November to 13th December 2020, the applicant, in the company of four others confronted the deceased who was on his way from Botswana using an undesignated point of entry, and accused him of being one of the robbers operating along the Zimbabwe-Botswana border. They proceeded to assault him... More
: The plaintiff and the defendant were married in terms of the Marriage Act [Chapter 5:11] at Mutare on 22 April 2006. Their marriage lasted 9 years before the institution of the divorce proceedings. 4 children were born out of the marriage and all of them are still minors. The plaintiff is domiciled in Zimbabwe thereby giving this court jurisdiction to deal with their divorce matter. The parties acquired both immovable and movable property during the subsistence of their marriage. More
The history of this matter is that on 12 June 2015 Mrs Justice KUDYA struck off the roll on application for condonation of the late noting of an appeal by the applicants under Case No LC/H/APP/1008/14. The application for condonation was struck off because the applicants had filed the application for condonation of the late noting of appeal whilst there was pending application to amend that appeal. This application to amend the appeal has since been withdrawn as shown by Annexture “C”. The applicants have now brought this application for reinstatement of application for condonation for late noting of appeal. More
On 23 February 2022 we dismissed an ex tempore appeal by both appellants and gave reasons in court for such a dismissal. Three months later Messrs Gonese and Ndlovu Legal Practitioners wrote a letter dated 6 June 2022 which was drafted as follows: “Can we please be provided with the Reasons for the judgment as soon as possible.” The record was placed before me on 23 June 2022. It is not clear where it was from 7 June 2022 to 23 June 2022. It is also not clear what the appellants’ legal practitioners were doing from 23 February 2022, yet... More
1. This is an application for review made in terms of section 26 as read with section 27 (1) (b) and (c) of the High Court Act [Chapter 7:06]. Applicant seeks an order couched in the flowing terms:
i. The decision of the respondent in State v Constable Chrispen Tshuma of 25 March 2019 be and is hereby set-aside.
ii. The decision of the respondent is substituted as follows: the defaulter is hereby found not guilty and acquitted.
2. The application is opposed. More
This is an application for the review of the decision of the first respondent delivered on 10 September 2019 under CRB No. 294-96/19, in terms of which the applicant’s application for discharge at the close of the State case was dismissed. The facts are that on the 24 April 2019, the applicant (as 1st accused, Norton Town Council as 2nd accused and Israel Isheunesu as 3rd accused) appeared before the first respondent answering to the charge of culpable homicide as defined in section 49(b) of the Criminal Law (Codification and Reform) Act (the Code). More
This an application for rescission of a default judgment granted by this court on 28 October 2009 in case No HC 3672/09.
The background to the application is that the respondent entered into an oral lease agreement with a satellite church of the applicant in Mufakose to lease Chidziva Building, Mufakose (the premises). One Stowell Mupanguri, the applicant’s Deputy Governor responsible for finance negotiated the agreement on behalf of the applicant. The satellite church took occupation of the premises on 15 November 2008. It failed to pay rent leading to the respondent issuing summons on 14 August 2009 in case... More
On 22 February 2024 this court dismissed with costs on the ordinary scale an application for review, which application had been filed by Christ Ministries High School against Edwin Chikuni its former employee and Cleopatra Mhariwa the Designated Agent. Upon pronouncement of the decision the court advised the parties that they were free to request for full reasons for the decision if they needed them. The school has through a letter under the hand of its lawyers stamped 19 March 2023 requested for the reasons of the order of 22 February 2024. More
This is an application for a joinder in terms of Rule 32(12)(b) of the High Court Rule, SI 202/2021.The applicant intends the City of Harare to be joined to the proceedings in case number HC 6412/22. More
This is an application for review of the taxing officer’s decision in assessing costs in HC 31/14.
The gist of the application is premised on the issues stated in paragraphs 4 and 5 of the founding affidavit which reads thus:
“This is an application in terms of Order 38 Rule 314 for the review of the decision of the taxing officer in relation to the taxation of the bills of costs in the matter HC 31/14 …” More
Applicant seeks an order, on by way of review, firstly, setting aside the appointment of the second respondent, his step-mother, and widow of the late Petros Peter Katsande, as executrix dative in the estate of the late Petros Peter Katsande. Secondly he seeks an order appointing a professional person to the office of executor in the estate of the late Petros Peter Katsande. More
The plaintiff and defendant were joined in holy matrimony in terms of the Marriages Act, [Cap 5:11] on 8 January 1988 at Harare. Their marriage subsists. Their marriage was blessed with two children who are now adults. More
