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The defendant married the plaintiff in terms of customary law in 1992. On 24 August 1995 their marriage was solemnised in terms of the Marriage Act, [Chapter 5:11].The marriage still subsists. The marriage was not blessed with any children. More

The facts of the matter are that on the 17 January 1993 Denizio George died intestate in Harare. At the time of death the late was married to the Plaintiff in terms of the then African Marriages Act [Chapter 238] now Customary Marriage Act [Chapter 5:07]. The union was blessed with three children. At the time of death the late Denizio George was the holder of rights and interests to title of house No. 22 Muzari Road, New Mabvuku, Harare. After the untimely demise of the late Denizio George the late Biannah Hundi, his sister, chased the plaintiff away from... More

The appellant appeared before the Magistrates Court at Harare charged with theft as defined in s 113 (2) (d) of the Criminal Law Codification and Reform Act [Chapter 9:23] it being alleged that she received a Massey Ferguson 390 E tractor from Takunda Trust Tekere to keep in her safe custody but contrary to the trust agreement she unlawfully converted it to her own use. The appellant pleaded not guilty and the matter proceeded to trial leading to her conviction. The State case, which the trial Court accepted was that sometime in the year 2014, the complainant, a male adult,... More

On 9 April 2010 the plaintiff issued summons against the defendants for the following relief: “(i) That the purported agreement of sale entered into by and between plaintiff and first defendant be and is hereby declared null and void and off no force or effect. (ii) That fourth defendant be and is hereby ordered to cancel the transfer from first defendant to third defendant of Stand 384 Athlone Township of Lot 2A of GreenGrove under Deed of Transfer No. 474/2010 dated 10th February, 2010. (iii) That 4th defendant transfer the property to the plaintiff. (iv) That the interest rate of... More

: On 15 June 2012 the applicant filed a court application out of this court seeking an order compelling the respondent to transfer to herself stand 19247 Harare of Harare Township Lands. Alternatively she sought payment of the sum of US$18 862-00 being damages in the form of US$9 862-00 as the value of a kiosk demolished by the respondent, US$5000-00 for loss of business and US$4000-00 as goodwill in respect of the kiosk business. In her founding affidavit, the applicant stated that on 16 August 1995 she had entered into a lease agreement with the respondent in terms of... More

I heard this application on 7 September 2021. I delivered an ex tempore judgement in which I granted the applicant’s application for interim relief. On 15 June 2022 the second respondent wrote to the Judge President raising concern on my delay in furnishing the first respondent and him with written reasons for my decision. I state, for the avoidance of doubt, that the letter which the second respondent wrote to the Judge President is the only correspondence which is filed of record in regard to his concern. He wrote no letter other than the one which drew my attention to... More

This is an application for leave to appeal made in terms of section 92 F (1) and (2) of the Labour Act [Chapter 28:01] (“the Act”). More

The plaintiff’s claim as amended is for an order declaring as null and void and of no force and effect an agreement of sale entered into by and between 1st and 2nd defendants in respect of Flat F209 Bubi Court, Eastview Gardens, Eastlea, Harare. The property is situated on Stand 18336 Harare Township, in the District of Salisbury. The second order sought is for specific performance, directing 1st defendant to take all the necessary steps and sign all the necessary documents to effect registration of transfer into the plaintiff’s name within 14 days of the tender of payment to it... More

An agreement of sale entered into between two parties is concluded when the two parties append their signatures to the agreement. More

The applicant considers that the judgment of the High Court by DUBE J in HC 4734/17 was granted as a result of a common mistake of both herself and first respondent in that it was argued and determined as an opposed application when it ought to have been dealt with and determined as a trial cause. For this reason, applicant applied for the rescission of the said judgment in terms of Order 49 r 449 subrule (1) (b). Applicant cited first respondent as well as second, third and fourth respondents. Only the first respondent opposed the application. Second, third and... More

Do the dead speak from beyond the grave? In my view that is the question that this court must answer in order to determine this case. This is a matter which has remained unresolved for the past 15 years. In spite of leaving a will the parties have tried, without success, to ascertain the true intention of how the rights and benefits of the estate of the late Amos John Chirunda who died on 8 December 1997 should devolve. The facts of this matter may be summarised as follows: More

On 15 November 2012 the plaintiff issued summons against the defendants seeking an order declaring her to be the rightful owner of rights, title and interest in the property known as stand 7687 Warren Park Township of Warren Park, Harare, and for the ejectment of the first and second defendants and all persons claiming occupation through them from that property. The plaintiff also seeks an order of costs against the first and second defendants. The claim is opposed by the first and second defendants. More

The applicant approached the court seeking an order in the following terms: It is ordered that 1. Pending the outcome of the dispute between the parties concerning proper and lawful chargeable rates over Stand 571 Derbyshire Township Harare. a) The respondent shall issue out Rates Clearance Certificates over the individual subdivided stands as and when they are sold to purchasers to allow the transfers of ownership to take place. b) The respondent shall charge rates for the purposes of the certificates in terms of rates chargeable on the stand 571 Derbyshire Township Harare as at 1 October 2010. 2. The... More

The plaintiff and the first defendant are both widows as they lost their husbands in tragedy circumstances at different times. The plaintiff’s husband, Vernon Nathaniel Mwamuka died in a road traffic accident on 30 December 2001 whilst the first defendant’s husband, Euginio Enrico Mercuri, was killed by armed robbers at his house on 16 March 2008. More

This is an application for the review of the second respondent’s decision at Guruve Magistrates Court in case number C 08/10. The grounds for review are properly set out on the face of the application. The procedural irregularities on which the application is based were that the second respondent was obliged to conduct a trial rather than an enquiry, secondly, that he failed to distribute 10 head of cattle and the Muzarabani stand and lastly that he did not keep a record of the proceedings of 20 September 2010. More