The plaintiff and the defendant were customarily married to each other in 1976. They on 5 February 1993, upgraded their marriage to a civil one in terms of the Marriage Act (Chapter 37), now Chapter 5.11. Their marriage was blessed with 6 children who have all attained the age of majority. The plaintiff left the matrimonial home on 11 January 2009 to go and live with a girlfriend in Masvingo. He later issued summons suing the defendant for a decree of divorce and ancillary orders. More
On 7 March 2013 the parties hereto were divorced by this court and their matrimonial assets duly distributed between them. It is about the disposal of one asset, an immovable property, Stand No. 9406 Budiriro Township of Stand 11265 Budiriro Township (hereinafter referred to as “the property)” that the parties find themselves back in court again. Whilst each of the parties was awarded 50% share of the property, the respondent has remained in occupation since 2013 and the applicant is still to get his share of the award. In pursuant of his share the applicant has had a valuer appointed... More
The appellants were arraigned before the Magistrates Court at Harare on the 20th of June 2024 facing a charge of fraud. The charge emanated from the alleged use, by Blackdeck Livestock & Poultry (Pvt) Ltd (Blackdeck), of falsified documents as supporting documents, in a bid to secure a tender to supply 500 000 goats to the Ministry of Agriculture, Water, Fisheries and Rural Development for a Presidential Empowerment Scheme. The allegedly falsified documents, allegedly submitted with the bid for the purposes of meeting the requirements of the tender were, a Zimbabwe Revenue Authority Tax Clearance Certificate and a National Social... More
The appellants were convicted and sentenced on a charge of culpable homicide. They were convicted and sentenced by a regional magistrate sitting at Marondera Regional Magistrate’s Court. They appealed against the severity of the sentence of 8 years imprisonment of which 5 years was suspended on conditions of good behaviour.
The facts on which they were charged are as follows. On 30 June 2004, Moses Mubvumbi and John Rego took the deceased from his home to the field where he was first assaulted by the appellants. They suspected him of having broken into and stolen from Sinikiwe’s house. They assaulted... More
The plaintiff and the defendant are husband and wife who were married in terms of the then Marriage Act [Chapter 5:11] on 22 November 2005. Two children were born to their marriage and only one is still a minor, namely Selmah Kupakwashe Mushangidze born on 9 May 2012. The parties are agreed that their marriage has irretrievably broken down to the extent that there are no prospects of restoration of the marriage relationship to its normal state. They are agreed too that custody of the minor child should be retained by the respondent with the plaintiff exercising access rights the... More
The brief facts are that Appellant was employed by the Respondent as a bus conductor. On 13th December Appellant was a bus conductor on BO11 bus from Harare to Mutare. The conductor cashed in low revenues. As a result investigations were conducted to establish the cause of such low revenues. The ticket book had Bromley tickets and the driver of the bus indicated during the investigations that his first stop was Marondera. Respondent asked for the top copies of the tickets which the Appellant failed to produce. More
The plaintiff instituted divorce proceedings against the defendant, whom she married on 3 May 2002 in terms of the Marriages Act [Chapter 37] now [Chapter 5:11]. More
The applicant pleaded guilty to and was found guilty of smuggling 150 boxes of pacific cigarettes from Zimbabwe to South Africa. He was sentenced to undergo 3 years imprisonment of which 12 months imprisonment was suspended for 5 years on the customary conditions of future good behaviour. He was to serve an effective sentence of 2 years imprisonment. More
In this matter applicant filed an urgent chamber application for stay of execution pending determination of applicant’s application for rescission of a default judgment which the first respondent obtained against the applicant in HC 6085/21. First respondent opposed the application.
The relevant background is that first respondent sued applicant under HC 6085/21 for an ejectment from No 17 Ridgeway North, Colne Valley, Harare which matter applicant defended as a self-actor. HC 6085/21 was set down for a hearing on 2 June 2022 before MANGOTA J. On 2 June 2022 first respondent represented by Mr V Mhungu obtained a default judgment... More
This is an application for rescission of a default judgment made in terms of r 27 of the High Court Rules 2021. The background is that on 3 November 2021, the first respondent instituted eviction proceedings under case number HC 6085/21 to eject the applicant from a property known as No. 17 Ridgeway North, Colne valley Harare (“the property”). The application was opposed and the matter was eventually set down for hearing on 2 June 2022 before MANGOTA J. Despite being served with papers, the applicant did not appear on the date of hearing, and the learned judge granted a... More
The plaintiff herein approached this court seeking to be declared the legitimate purchaser and holder of the rights, interest and title in Stand No. 7971 Belvedere West, Harare, and an eviction order as against the first defendant and all those claiming occupation through him together with costs. More
Appellant was employed as a Truck driver by J and J transport. On 21 January, 2012, he was instructed to leave the depot at 6:00a.m to proceed with a copper convoy from Harare to Forbes. The Appellant then left the depot with his loaded truck and proceeded to Chitungwiza. Another driver who was supposed to form the convoy with him then rang the Operations manager, Mr Chipenzi and told him that he was alone at the depot and could not see the Appellant, whom he was supposed to form a convoy with. Other arrangements had to be made for that... More
This is an application for rescission of an order made in default by this Court against the applicant.The background is that sometime in 2015, the applicant was charged and dismissed from respondent’s employ for conduct inconsistent with the fulfillment of conditions of his contract and for disobedience of a lawful order. The applicant lost an internal appeal and referred the dispute to a Labour officer and subsequently to an arbitrator. The arbitrator set aside the decision to dismiss the applicant and ordered reinstatement. The respondent was aggrieved and lodged an appeal to the Labour Court under case number LC/H/1946/15. More
This is an application for bail on the basis of changed circumstances. The applicant is standing trial in the Regional Magistrates Court on one count of armed robbery and one count of illegal possession of a firearm in contravention of s 4(1) as read with s 4 (2) (b) of the Firearms Act [Cap 10:09]. More
On 14 December 2012 the applicant filed an application in this court seeking to obtain the order framed as follows:-
“It is ordered that:
1. Garnishee be and is hereby ordered to release all monies it holds in Commercial Bank of Zimbabwe CBZ Account Number 20051570077 or is owing to the judgment debtor; to the Deputy Sheriff Harare, until the writ of execution in case number HC 11077/12 is satisfied; and in any other accounts they may hold; on behalf of the debtor.
2. The judgment debtor shall pay costs of suit.” More
