This is a court application for condonation and extension of time within which to note an appeal to be made in terms of s 75 of the Children’s Act, [Chapter 5:06] as read with r 95 (9) of the High Court Rules, 2021.
On the 7th of April 2022, the Children’s Court granted an adoption order in favour of the first and second respondents for the minor child, NKC, born on 21 July 2010. The applicant is the paternal grandmother to the minor child. The first and second respondents are husband and wife and the first respondent is an aunt... More
This is a Court application for summary judgment in terms of Order 10 Rule 64 (1) of the High Court Rules 1971. The rule permits an application for summary judgment for what is claimed in the summons and costs. Such an application can be made at any time before a Pre-Trial Conference is held. More
This is an action for damages for breach of contract. This matter initially involved 3 defendants. The other two defendants, Rudzi Madhuru referred to as Ngwenya and Obediah Kazingizi ,(Kazingizi) are barred for failure to enter their pleas. More
This is an application for rescission of judgment granted in case number HC 2150/07 and subsequently corrected in HC 1148/08. The rescission is sought in terms of Rule 449 of the High Court Rules, 1971.
Rule 449 (1) (a) provides that:-
“The court or a judge may in addition to any other power it or he may have, mero motu or upon the application of any party affected, correct, rescind, or vary any judgment or order-
(a) that was erroneously sought or erroneously granted in the absence of any party affected thereby....”
The applicant, as articulated in his founding affidavit,... More
The appeal is from the High Court where the applicant had made an application for the determination of whether or not the will executed by one late Amos Chirunda on 9 December 1997 was valid. The application was dismissed with costs, hence this present appeal. The question before this Court therefore is whether or not the court a quo erred in finding that the will in contention was invalid More
This is an application in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”) alleging that the applicant’s fundamental right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair enshrined in s 68(1) of the Constitution has been infringed. The cause of the alleged infringement is the decision by the first respondent to withdraw an offer letter given to the applicant to occupy a piece of agricultural land without giving her an opportunity to be heard on the proposed withdrawal of the offer letter. More
This is a divorce action in which the only issue in dispute relates to the division of the matrimonial home described as Stand Number 167 Vainona Township of Vainona situate in the District of Salisbury and measuring 4599 square meters. It is otherwise known as 11 Granta Road Vainona, Harare. The house is registered jointly in the plaintiff and the defendant’s names. More
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
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
