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
The appellant was employed by the second respondent. Following allegations of misconduct, the appellant was brought before a disciplinary committee held by the first respondent. She was found guilty and her dismissal was recommended. An appeal to the second respondent did not yield the desired results and the appellant has appealed to this court. More
Applicant seeks that the immovable property known as 92 George Road Chegutu, be registered in the names of herself and her former husband the first respondent. She specifically seeks that the first and second respondents be ordered to sign all necessary documents to have the property jointly registered in the names of the applicant and the first respondent. In the event of non-cooperation from Jose De Brito who is the first respondent and former husband, the order sought is that the Sheriff of Zimbabwe, being the second respondent be empowered to sign such papers on his behalf. More
On 10 June 2009 this Court issued the following consent order between the parties:
“By consent
It is ordered that:
(a) The Master of the High Court shall appoint from his list of evaluators, an evaluator to assess the value of the improvements on stand 14221 Zengeza 3 Extension Chitungwiza.
(b) The 1st defendant shall pay 50% of the assessed value within such period as the parties may mutually agree failing which such period shall be determined by the Court.
(c) The parties shall share equally the costs of the evaluation.
(d) Each party shall bear his / her own More
This is an appeal against conviction. The appellant was convicted of one count of physical abuse as defined in s 4(1)(a) as read with s 3 of the Domestic Violence Act [Chapter 5:16] (“the DVA”). The Magistrates Court sitting at Chivhu sentenced him to 9 months imprisonment of which 3 months imprisonment was suspended on condition that the appellant does not within the next 5 years commit any offence involving physical abuse and for which upon conviction the appellant is sentenced to a term of imprisonment without the option of a fine. The remaining 6 months imprisonment was suspended on... More
This is an appeal against the decision of the High Court dated 2 July 2014 granting the respondent’s claim to the farm he is leasing from the State. More
: The applicant is married to second respondent in terms of the Marriages Act [Cap 5:11]. Their marriage is apparently on the rocks. The first respondent was married to the late Tongai Katsande who was second respondent’s brother. The third respondent is cited in his official capacity as the property involved is registered in the name of the late Tongai Katsande. More
The plaintiffs’ claimdamages arising out of a road traffic accident.On 21 October 2008, the plaintiffs’ were driving from Mutare to Harare when at the 235, km pega Toyota Camry which was being driven by the second plaintiff, collided with a vehicle that was being driven by the second defendant. More
