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
The plaintiff and the defendant are siblings. The plaintiff who is the younger of the two brought a claim against her brother the defendant for payment of the sum of $200 000.00 being the balance due and payable in respect of shares sold to the defendant. The plaintiff also sought interest on the above amount at the prescribed rate and costs of suit on a legal practitioner-client scale. More
The appellant was employed by the respondent company as a miner surveyor. She was charged with acts of misconduct. Disciplinary proceedings were conducted against her . She found guilty. She was penalized with dismissal. Her appeal internally failed. More
: The dispute in this case is essentially between the plaintiff and the first defendant who both claim to have purchased stand number 2110 Solani Epworth from the second defendant. The plaintiff claims to have bought the property on 12 March 2000 but did not take session of the purchased property. The second defendant however, later purchased the same property from the first defendant and took cession on 21 of March 2003. The session was duly registered by the third defendant in its capacity as the Local Board and owner of the property in dispute. More
This is an appeal against a judgment rendered by the Magistrates’ Court which was in favour of the respondent (the applicant then) against the appellant (the respondent then). The order was in the following terms; More
