The parties got married on 27 April 2013 in terms of the Marriage Act [Chapter 5:11]. No children were born out of the marriage. At the pre-trial conference they were agreed that their marriage had irretrievably broken down to the extent that there were no reasonable prospects of restoring it to a normal marriage. I will thus grant a decree of divorce.
Two issues were referred for trial.
a) How is the matrimonial property to be distributed between the parties?
b) Whether the defendant can claim maintenance from the plaintiff? More
The plaintiff has apart from the fourth and fifth defendants, been involved in legal combat with all the other parties in HC 2765/05. In HC 4096/96 he brought an application for his reinstatement as a director in sixth defendant against sixth defendant. He was reinstated. The sixth defendant got its act together and dismissed him as a director on 24 September 1996. He brought another application seeking reinstatement in HC 4157/97. It was contested. BARTLETT J dismissed that application with costs on 17 September 1997. The founding affidavit that launched the present matter is a carbon copy of the application... More
This is an application for a compelling order of the transfer of property namely a certain piece of land situate in the District of Salisbury called Stand 4008 Prospect Township of Stand 104 of Prospect measuring 1 848 square meters (One Thousand Eight Hundred and Forty –Eight square metres), the applicant bought from the first respondent. In short this is an application for the firstrespondent to be compelled to give the applicant vacant possession of the above –mentioned property More
We summarise the facts giving rise to this application from the two applications that were filed in the High Court under case numbers HC 2128/21 and HC 2166/21, respectively. The facts are not complex.
The facts of this application coalesce, and relevantly so, around 15 May 2021 when the Chief Justice, Judge Malaba, reached the age of seventy. A few days before that date, on 7 May 2021 to be precise, the Constitution of Zimbabwe Amendment (No. 2) Act (No. 2 of 2021) came into force. Among other provisions, it amended s 186 of the Constitution to provide for the... More
This is an appeal against the whole judgment of the High Court, dismissing the appellant’s claim against the respondent on the basis that it had prescribed and that the alleged acknowledgment of debt by the respondent did not interrupt prescription. More
On 13 March 2017, I dismissed an application for reinstatement of a court application for joinder which was dismissed under case HC 9454/16. The reasons for my disposition are availed herein. More
This is a court application for a declaratory order and consequential relief in which the following order is sought:
“IT IS ORDERED THAT:
1. The applicant be and is hereby declared the rightful holder of cession rights, title and interest in stand number 2599 Phase 4 Caledonia Ruwa.
2. Consequent to the declaration in paragraph (1) above, the respondent and all those claiming occupation through her be and are hereby ejected from stand number 2599 Phase 4 Caledonia Ruwa.
3. Ist respondent to pay costs of suit on a legal practitioner client scale.” More
In this matter the plaintiff seeks an order compelling the defendant to change ownership of House Number 987 Kuwadzana, Banket (the stand) from her name into that of the plaintiff failing which the Director of Housing, Chinhoyibe directed to effect such a transfer.
The basis of the plaintiff claim is an alleged verbal sale agreement of the stand about 12 years ago.
It was the plaintiff’s contention that she bought the stand for one bag of cement, 25 kg of maize seed and 10 x 50 kgs bags of maize after which she proceeded to erect a 3 roomed cottage... More
The background of the matter is that the first respondent obtained a judgment by consent against the second respondent and the third respondent and one Cuthbert Mazhude who was the third defendant in that matter on 26 February 2015 in Case No, MC 30534/14. On 20 March, 2015, the fourth respondent issued a warrant of execution against property. On 11 May, 2015, the fourth respondent attached movable property on No 12 Birkdale Drive Glenlorne, Harare. No. 12 Birkdale is the matrimonial home of the first appellant and the third respondent. The goods were later removed and taken into custody by... More
The plaintiffs herein are husband and wife. In March 2010, they entered into a lease agreement with the then Minister of Local Government, Rural and Urban Development (now known as the Minister of Local Government and Public Works) in respect of a property called the Remainder of Stand 219 situate in the township of Strathaven in the district of Harare (the property). The Minister was joined to the proceedings as the second defendant by an order of this court dated 22 November 2022. The first defendant claims to be in occupation of the property since 2017, on the strength of... More
The plaintiff and the defendant customarily married each other in 1981. They registered their customary union in July 1983. They both started off working in Gweru, after which the defendant left Government service,to work for the Cotton Marketing Board. They were blessed with three children who are all majors, but their eldest child Nyasha, is mentally handicapped and will according to the Doctor’s report, have to be treated as a perpetual minor. More
This is an appeal against the whole judgment of the Magistrates’ Court sitting in Bulawayo, dated 13 August 2020. The court a quo granted the following order: cancellation of the agreement; the deposits and part payment made by defendant to be forfeited by plaintiff as rentals; ejectment of defendant and all those claiming occupation through them (sic) from stand No. 70 Emthunzini Township, Bulawayo; and costs of suit. More
This is an opposed urgent chamber application that had been filed exparte. I however directed that the application be served on the respondent who has now opposed the application. More
This urgent chamber application for the temporary release of the applicant’s Passporthas been brought in terms of Rule 60(6) of the High Court Rules, 2021.
The applicant has four outstanding criminal matters before the Magistrates Court. She is on bail and some reporting conditions including surrendering her passport to the Clerk of Court to ensure she does not abscond until all her cases are finalized. The offences she is facing
are:
(a) Contravention of Section 35 of the Marriage Act [Chapter 5.11] on which she has been convicted and a fine imposed together with a suspended prison term. Both conviction... More
The plaintiff instituted the instant action claiming an order for the eviction of the defendants and all persons claiming occupation through them from a property described in the summons as Share Number 24 of Sub-division. More
