The parties to these divorce proceedings are resigned to the fact that their marriage relationship has irretrievably broken down and therefore that their marriage should be dissolved. The cause of this matrimonial disharmony is however contested, whereas the plaintiff attributes the same alleged incessant and unfounded accusations (which he does notelaborate) and general harassment at the hands of the defendant, the latter however, ascribes the breakdown to plaintiff’s alleged sexual indiscretions and philandering ways coupled with a deprivation of the expected consortium omnis vitae. More
This is an application for bail pending trial. The applicant is facing a charge of murder it being alleged that on the 1st of January 2022 he caused the death of Constance Chitete by drowning her in a sewage pond with the intention to kill her or the realization that she may die. The allegations are that the 2 had a misunderstanding and accused then through his actions drowned the deceased in the sewage pond. More
The 2 applicants and 3 Others were arrested in December 2009 on allegations of armed robbery and attempted murder it being alleged that they had robbed Stanbic Bank in Chegutu getting away with substantial sums of money. It was further alleged that in the process of the robbery they had shot one of the employees of the bank on the right hip. More
The applicant has approached this court primarily seeking an order setting aside the respondent’s administrative action imposing a garnishee order against the applicant’s bank account for a tax debt. It further seeks that the respondent be ordered to reimburse all the monies it garnished from applicant’s bank account as from 31 March 2016. The applicant also seeks that the respondent be ordered to lawfully and properly conduct an audit for the 2009 and 2010 financial years. More
This matter was allocated to me on 28 March 2012 late in the day and I set the matter down for hearing on 30 March 2012. The applicant in her founding affidavit paragraphs 4.2 and 4.3 had requested that I proceed to grant the order sought without hearing the respondent. The reasons given for this rather unusual approach were that the respondent if notified of the matter would cause un due delays thus jeopardizing the relief sought and that there was a risk of
peverse conduct by respondent who would hide or remove the two minor children from Zimbabwe. I... More
The applicant approached this court seeking rescission of default judgment granted against him and in favor of the first respondent on 19 August 2020 under case number. HC 10389/17. The application is made in terms of R 27(1) of the High Court Rules, 2021 (‘High Court Rules’). The first respondent’s opposing affidavit was deposed by one John Nyakamha hereinafter referred to as John (the first respondent’s father) by virtue of a general power of attorney to represent her. It is upon this background that the applicant raised issues over the opposing affidavit as being improperly commissioned and prayed that it... More
The plaintiff and the defendant were joined in holy matrimony on 20 February 1998 at Harare in terms of the Marriages Act [Cap 5:11] and the marriage still subsists. More
The plaintiff issued summons out of this court seeking the setting aside of an agreement of sale relating to stand number 32 Manga Street New Mabvuku entered into between the first and second defendants, nullification of the cession of the property from the estate of the Late Vito Bhero to the first defendant and costs. When this matter commenced before this court it was by way of court application. This court in its judgment of 26 April 2006 ordered that the matter be referred to trial so that the parties could fully ventilate the issues between them. More
The applicant seeks an order for the ejectment of the respondent and any other person in occupation through him, from Stand 1741 Unit A, Seke, Chitungwiza (the property) and costs on a higher scale More
This is an appeal against an order of the magistrate dismissing an application by the appellant seeking the eviction of the respondent from House number 8844 Zengeza 3 (also known as 6 Gate Crescent, Zengeza 3, Chitungwiza), which property the appellant had alleged belonged to her late father. The appellant stated in her grounds of appeal that the court a quo had misdirected itself in relying on forged agreements of sale and receipts of payment which had been produced by the respondent and ignored the expert advice of a questioned documentary examiner More
On the 8th August 2001, Plaintiff’s husband Samuel Masiyatsva, died in a shooting incident involving the police and army officers who had been called to deal with industrial action involving employees of a company called Zimbabwe Iron and Steel Company (ZISCO). Plaintiff’s husband was one of about 4 000 employees who were involved in the industrial action. More
On 31 March 2017, I granted an order sought by the applicants and gave oral reasons for my disposition. By a letter dated 26 April 2017 the respondents requested for written reasons for judgment. More
[1] After hearing argument on a point in limine raised by the first and third respondents, this Court issued the following order:-
“1. The preliminary point raised by the respondents is upheld.
2. The matter is struck off the roll with costs.
3. The reasons for this order are to follow in due course.”
[2] What follow are the reasons for that order. More
In 1975 the applicant married the deceased in terms of an unregistered customary law union. On 26 June 1981 the parties registered their marriage in terms of the African Marriages Act [Chapter 238]. The parties have six children who are now adults. On 11 May 2018 the deceased married Masuku in terms of the Marriage Act [Chapter 5:11]. There is one minor child of this marriage. Obert Dube died on 4 January 2022. At the time of his death, both marriages were subsisting. On 19 November 2021 the deceased executed a Will, and on 14 February 2022 the Master of... More
