This is an appeal against the decision of the Magistrates’ Court sitting at Harare refusing all the seventy- four (74) appellants admission to bail. The decision was delivered on 27 June 2024. The demographics of the appellants is interesting. They were not a random assembly. Instead, they hail from different but clearly defined clusters predominantly the suburbs of Chitungwiza, Epworth and Hatcliffe which account for almost three quarters of the appellants. Equally noteworthy is the fact that fifty-seven of the appellants are not formally employed and that over sixty of them are aged below forty years. They are of the... More
This is an application for eviction.
The brief facts of this matter are as follows.The applicant is the registered owner of stand 8141 Salisbury Township of Salisbury Township Lands, otherwise known as Number 17 St Dominic’s road, Milton Park, Harare.Sometime in August 2011 the Sheriff of Zimbabwe advertised the sale of the stand. The property was to be sold by public auction in a suit involving Kingdom Bank Ltd, and Colforth Investments(Pvt) Ltd and 10 others under case No HC5917/10.The plaintiff in that matter had obtained default judgment after the defendants had failed to attend a pre Trial Conference.The Sheriff... More
At the centre of this dispute is property Stand, 1577 Highfields Township, Harare, registered in the name of Ragison Mabika, now deceased. The first respondent is the widow and surviving spouse of the deceased. She was duly appointed the Executor of the estate. After registering the deceased’s estate with the inclusion of the above property, letters of administration where subsequently issued. Following due process, the first respondent then sold the property to the second respondent and is in the process of transferring the same to the current purchaser. More
This civil trial involved the double sale of an immovable property. It would appear that the two ladies, the plaintiff and the second defendant, were victims of the fraudulent activities of the first respondent (hereinafter called Goremusandu). To make things worse, Goremusandu died in 2003, before the trial commenced and did not give evidence.
Summons in this matter were issued in January 2002 and both defendants entered appearance to defend. Second defendant counterclaimed against the plaintiff for transfer and for the eviction of the plaintiff. More
The dispute in casu is steeped in the sale of a deceased immovable property whose purchase price was paid by the applicant but transfer of which the respondent failed to effect. The draft order the applicant seeks is couched in these words More
This is an urgent chamber application by the Applicant in which she is seeking the following relief.
“ORDER SOUGHT
1. The applicant be and is hereby declared the legal owner of Berea 17, Berea 18 and site 232 under coordinates listed in Schedule “A”.
2. The survey report issued by the 6th Respondent on the 31st January, 2022 be and is hereby declared null and void. More
In August 2022, the applicant filed an urgent chamber application for an interdict against the respondents in the High Court, Bulawayo. In the application, the applicant sought to interdict the first and second respondents from carrying out any mining activities on the applicant’s mining claims; namely- Berea 17, Berea 18 and Site 232 within certain coordinates. More
This is an application for an order declaring the applicant not guilty and acquitting her after a review of the proceedings leading to her conviction. The matter was placed before me as an ordinary court application although the proceedings in the magistrate’s court are not yet concluded in that she has not yet been sentenced. There are certain deficiencies to which I shall later return. The question raised in this application is whether this court has power to intervene in unterminated criminal proceedings in the exercise of its inherent powers of review. In order to answer this question it is... More
This application was filed on 19 December 2006 by the widow of the late Abisha Mapenzauswa. She is challenging the validity of the will and last testament of her late husband and its subsequent execution by the first respondent, the testamentary executor.
On 26 October 2000, the deceased executed a will and appointed first respondent testamentary executor. He married the applicant by civil rites on 21 April 2001. He died at the ripe age of 82 on 8 December 2004. His estate was registered with the Master in D/R 171/2005 by the testamentary executor on 12 May 2005. More
The term “mistress” is universally used to refer to a woman(other than the man’s wife) who has a sexual relationship with a married man. In Zimbabwe such a woman has earned the rather unusual moniker of “small house” implying that she is the “less significant” woman in that man’s life. This present matter is an appeal against the decision of the Magistrates Court sitting at Bikita granting an application brought by the man’s wife (the respondent) for the eviction of such a “mistress” (the 1st appellant)from a rural homestead situate in that district. That homestead is referred to as the... More
This is an application for condonation for late filing of notice of appeal against a judgement handed down at Rusape magistrate court on 20 June 2018 where the court a quo granted an interdict to the application and ordered her not to encroach with the respondent’s plot 5 Lot 1 Chimbi Source and barring applicant from interfering with farming activities of the respondents at that plot. Appellant was also ordered to remove her structures she had erected in plot 5 forthwith. More
Respondent appealed to the lower court against a decision by Chief Nembire which had been passed on 28 November 2020. The judgment had been given in default against one Robert Kupfuwamhandu. The judgment, in essence, awarded Appellant land which was being occupied by the Respondent herein. Respondent was aggrieved and appealed to the lower court. The lower court set aside the judgment by Chief Nembire and ordered that Respondent continue residing at his communal homestead and use his fields as he used to do. Appellant was aggrieved and noted an appeal in this Court. More
The circumstances of this matter can best be understood if the historical background is given first. What happened is that on the 6th April 2005 and at Harare, the applicant Janet Mandaza (hereinafter referred to as the purchaser) entered into a written contract of sale agreement with one Whisper Rukanda wherein Mr Whisper Rukanda (hereinafter referred to as the seller) sold to Janet Mandaza a certain piece of land situate in the district of Salisbury called Stand 2576 Marlborough Township of Stand 2576 Marlborough Township measuring 504 square metres held under Deed of Transfer No. 697/2000. More
The appellant was employed by the respondent until the 16th of January 2015 when he was dismissed from employment following a disciplinary hearing.
The background to this case is not in dispute. Appellant was employed as a section manager within the Commercial Layers Division. Prior to her transfer to that section, appellant worked at the Hatchery as an assistant manager.
While working at the Hatchery she was charged for misconduct and found liable. She was issued with a final written warning coupled with a transfer to the Commercial Layers Division. The warning was valid for twelve months. This was in... More
Plaintiff approached the court seeking to have an agreement of sale dated 11 March 2011 concerning house number C44 Chegutu be declared void and of no force. She also sought to be declared the lawful holder of title and rights to the same property. In addition, she sought consequential relief of the eviction of second defendant and all those claiming occupation through him from the property. More
