This was an application for bail pending appeal. It was opposed. I dismissed it soon after argument and gave reasons ex tempore. The applicants say they want to appeal. So they have asked for written reasons. Here they are. More
This is an urgent chamber application wherein the applicant seeks the following interim relief:-
“Pending the determination of applicant’s applications for review filed under cover of case numbers HCR 1141/20 and HCR 1423/20, proceedings in the case under cover of case number CRB BYO R 83/20 be and are hereby stayed.
In the event that the interim relief is granted, the final order sought is:-
“ Applicant’s case, proceeding under cover of case number CRB BYO R 83/20 having been reviewed and set aside in HC 1423/20, proceedings in CRB BYO R 83/20 be and are hereby permanently stayed.” More
The appellant was employed by the respondent based in Bulawayo. He was dismissed from employment for being absent without authority and dishonesty. More
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 rationale behind the dilatory special plea of lis pendens at law is very simple. It is meant to prevent litigants from having their cause being decided twice or more by courts of law. Such a waste of time, energy and resources would be unfair to the busy schedule of courts. It would also be an unjustified and unfair expense to both litigants. Such a scenario may also result in embarrassingly conflicting judgements by courts over the same facts and legal principles. See Mabhena v 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
This is an application for a declaratur wherein applicant is seeking that -:
1. The sole asset of the Estate of late Martin Charlie commonly known as Number 7 Meister Road, Ardbernie, Harare be and is hereby declared matrimonial property as envisaged in terms of section 3 A(a) of the Deceased Estate Succession Act [Chapter 6:02]; 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
