On 17th October 2011 this Court made an order by default in favour of Respondent. On 18th October 2011 Applicant filed the present application for rescission of the order. Respondent opposed the application. More
This is an application to compel a cession of rights, title and interests in Stand 7612 Kwekwe Township to the second applicant, Brainchild Properties (Private) Limited (Brainchild) by the first respondent Brenan James Michael De Bruyn (Mr De Bruyn) and the second respondent Advance Africa Holdings (Private Limited) (Advance Africa). The third respondent, the City of Kwekwe is cited in its capacity as the local authority where the property is situated and whose consent is required. More
This is an application for bail pending appeal. The principles underlying an application of this nature are summarily, the likelihood of abscondment, prospects of success and the delay before the appeal is heard as outlined in the case of S v Dzawo 1998 (1) ZLR 556(S). These are counter balanced by the interests of the administration of justice and an individual’s right to freedom. See, S v Williams 1980 ZLR 466(A). However, the rules are sterner for a convicted person than those who stands to be convicted as the latter has constitutionally entrenched rights to liberty and to be presumed... More
On the 13th of July, 2012 this Court granted an order by default in favour of the Respondent. The Applicant has filed the present application for rescission of that order, upliftment of the bar and condonation for the late filing of heads of argument. The application is opposed. More
On 8 July 2022 at Total Service Station Rusape, Manicaland, all three applicants were found by detectives being in possession of a dead pangolin in contravention of s 45 (1)(b) of Parks and Wild Life Act, [Chapter 20;14]. S read with SI 70 of 2020. The applicants were using a silver Toyota Baby Quantum belonging to second applicant. All three applicants were lured by police detectives who posed as potential buyers. The pangolin was stashed in 10kg polythene bag behind the driver’s seat. Cellphone umber 0777 925 402 belonging to first applicant was used to communicate with the potential buyers... More
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
ZISENGWE J: Before me is rather intriguing set of facts, requiring the court in the main to decipher from the evidence what happened or did not happen decades ago, around 1941, to be precise. It is a dispute over a piece of land known as Farm 210 Mshagashe, Masvingo (the More
