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
In this application, the applicant seeks a declarator that she is the lawful occupier of a farm known as subdivision 1 of the remainder of Umfulia in the District of Chegutu (“the farm”), that the first respondent has no right, title or interest in the said farm and as such all those claiming through him should be barred from tilling the land and be ordered to vacate the farm. She also seeks attorney and client costs. More
The applicant seeks an order in the following terms:
“1. That the High Court Order of divorce in case No HC 9097/99 dated 23 May 2001 be and is hereby varied by the deletion of paragraph 2 and the substitution in its place of the following:
2. That plaintiff shall be sole guardian and sole custodian of the minor child Tina Erasmus (born on 10 February 1999)”
The application is opposed. More
On 12 April 2019 after hearing counsel I delivered an ex tempore judgement and granted the following order;
“IT IS ORDERED THAT :-
1. The appeal be and is hereby upheld.
2. The appellant is admitted to bail pending trial on the following conditions;
a) That the appellant shall deposit the sum of $500.00 RTGS with the Clerk of Court at Chipinge Magistrates Court.
b) That the appellant shall continue to reside at No. 95 Mcnaughton, Southerton, Harare until this matter is finalised.
c) That the appellant shall report at Southerton Police Station every Friday between 0600 hrs and 1800... More
In a divorce action, which the applicant was granted in 2015 in default by the respondent, she was allocated property known as a certain piece of land situate in the District of Salisbury, called the remaining extent of Lot 361 Highlands Estate of Welmoed, measuring 5202 m2, registration number 2476/1996. It is commonly known as 18 Knightsbridge Road, Highlands, Harare. That property was registered in her then husband’s name, George Musanhu, the first respondent herein. The order was straightforward. Within forty-eight hours of the service of the order, he was supposed to have signed over to her the necessary papers... More
The applicant and first respondent lived together in a marital union. During the blissful days of their union they formed a company namely CRISTED (PRIVATE) LIMITED (the second respondent) each one had a 50 percent share in second respondent. An immovable property was acquired and registered in Second respondent’s name. This immovable property is the only asset of the company. After several years of cohabiting the marital relationship began experiencing problems which culminated in applicant moving out of the house. Later first respondent moved out as well leaving Second respondent’s tenants in occupation. The relationship between applicant and first respondent... More
The background facts she gave were that in January 2013 she together with the first and second respondents entered into a verbal agreement wherein they agreed to obtain a loan facility for $15 000 from the Agricultural Bankof Zimbabwe. She said in terms of the oral agreement, the loan was to be shared equally among the parties. She said repayment of the loan was to be on a pro rata basis. She said the first respondent agreed to bind himself as a co-signatory to the loan amount as security for a proper and equivalent distribution of the loan proceeds between... More