Judges are public servants and as such they are not to complain about what lands on their plates. They must do justice always no matter the state of the case that is placed before them. I must however confess that the above matter is a dog’s breakfast. The parties have been to this court on at least five occasions and may have appeared before the magistrate courts once or twice before. The dispute between them has not been put to rest up to now and I now have to unravel the orders and counter-orders that this court has given on... More
The plaintiff sued out summons for the division of immovable property acquired by the parties during the subsistence of their tacit universal partnership. Alternatively, the division of the immovable property acquired during the subsistence of the parties’ unregistered customary law union based on unjust enrichment. In opposition to the claim the defendant filed a special plea, that the claim is prescribed. More
This is an appeal against a decision by the magistrates’ court in which the appellant had made an application for upward variation of maintenance in respect of the child Makomborero Setu Andre Mhiribidi from the subsisting amount of ZW$ 10 000.00 to ZW$ 50 000.00. The court a quo varied the amount of maintenance to ZW$ 25 000.00. The appellant and the respondent were in a relationship which led to the birth of the child in question on 23 October 2018. More
Appellant was employed as a teacher at Gwariwa Primary School. It is
alleged that she teamed up with her husband in committing acts of
insubordination towards the Headmaster of the school. The two would absent
themselves from work without authorisation. Appellant was subsequently
suspended from duty from 29 March 2011 to 29 June 2011. She thereafter
did not report for duty leading to her dismissal. She is displeased with the
dismissal and has appealed to this Court. More
This is an appeal against the whole judgment of the Magistrate Court sitting at Chitungwiza on 7 June 2023wherein the court awarded the custody of the parties minor child, a son, to the appellant’s estranged husband. The child in issue is called Colt Anopaishe Chaza born on 30 October 2013. He is currently in boarding school in Macheke and is in 5th grade. More
The respondent’s counsel applied for upliftment of the automatic bar and for condonation for late filing of Heads of Argument on behalf of the second respondent. She said the second respondent was initially represented by another law firm which renounced agency on 7 November, 2013. The second respondent himself deposed to an affidavit to the effect that he had encountered difficulties with his previous lawyers who were not working on the case while at the same time unwilling to give him his file until 7 November, 2013when they eventually did so. The applicant opposed the application but in the interests... More
This is an urgent chamber application for an interim order interdicting the first respondent from publishing a voters’ roll with the photograph of the applicant. The final relief sought is for s 9(c) of the Electoral (Voter Registration) Regulations, 2017, which are contained in Statutory Instrument 85 of 2017 to be declared ultra vires s 57 of the Constitution of Zimbabwe. The application is opposed by the third to thirteenth respondents. The first and second respondents elected to abide by the decision of this court. The first defendant filed an affidavit solely for the purpose of placing certain pertinent information... More
Appellant appealed to this Court against an arbitration award made in favour of Respondent. The grounds of complained that,
“1. The Arbitrator erred and misdirected himself in law by concluding that the Respondent exercised reasonable skill, due diligence and care in the execution of his duties.
2. the Arbitrator erred and misdirected himself in law in interpreting the Respondent’s letter of promotion of 1st December2000, in particular, by concluding that the Respondent cannot be held to have exhibited gross incompetency or inefficiency in the performance of his duties when his contract of employment did not oblige him to check in... More
The appellant was, before his dismissal, the provincial Labour Administrator for Masvingo Province.
On 4 November 2014 appellant was arrested by CID on allegations of receiving a bribe as a result of a trap executed at the instance of Great Zimbabwe University. On 5 November he was sentenced upon conviction to 3 years imprisonment. More
This application arises from the judgment of my sister MAKARAU JP (as she then was) delivered on 21 November 2007 under case number HC 6844/06 (Judgment HH 81/2007). The applicants sought and were granted an order that certain immovable property, namely, stand 658, of Quinington Township of Subdivision 6 of Quinington of Borrowdale be transferred to themselves pursuant to a contract of sale entered into between them and the respondent. More
At the hearing of this matter, the respondent was automatically barred from appearing before the court as he had not filed his heads of argument within the time prescribed in the rules. A formal court application was filed on 4 September, 2007 seeking the up-liftment of the bar. The application was opposed. More
Plaintiff issued summons in which she sought a decree of divorce, custody and maintenance in respect of their minor child, a division of matrimonial assets and an order that defendant be ordered to purchase 63 120 First Mutual shares or alternatively pay their equivalent value and costs of suit. More
Plaintiff issued summons against the defendant seeking an order that defendant pays to her the sum of $7 000 000, 00 being damages for pain, shock suffering and contumelia suffered by her as a result of an unlawful assault perpetrated upon her person but certain members of the Zimbabwe National Army during the course and scope of their employment with the defendant on 4th June 2003 at 293/23rd Crescent, Glen View 1, Harare. Plaintiff holds defendant vicariously liable for the delict committed by members of his troop. More
At the base of a multi-layered series of interloculocutory applications lies the quest by applicant to set aside a confirmed judicial salein execution. The subject of that sale is her former matrimonial home, a property in which she claims (and seeks to rescue) a 50% undivided share. The property was attached and sold in 2015, and eventually transferred to first respondent in 2019. In that regard, applicant approached this court seeking leave to file out of time, an objection to the confirmation of that sale by second respondent. That application was opposed by first respondent who later moved the court... More
