The parties were married to each other at Harare on 30 April 2016 in terms of the Marriage Act [Chapter 5:11] and the marriage still subsists. Their marriage was blessed with two minor children; Ryan Tashinga Mahati born on 4 August 2009 and Rene Glenroy Takunda Mahati born on 3 February 2018. During the subsistence of the marriage the parties acquired the following property; More
This is a bail application pending trial. The applicants are charged with the crime of robbery as defined in s 126 (1)(a) as read with s 126 (2)(a) and s 126(3)(a)(b) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on 11 March 2023 acting in common purpose with other two accomplices, armed with an unidentified pistol and Okapi knife used violence or threats of violence to subdue and rob the complainants of USD 3597.00, a black Itel cellphone, a Samsung J6 Plus, Gtel infinity cellphone, an Itel tablet and company keys. More
The applicant Peter Michael Hitschmann is a registered firearms dealer based in Mutare, residing at 33 Arcadia Road, Tiger Kloof.
On the 6th of March 2006 police acting on information searched the applicant’s residence. As a result of the search they recovered a large assortment of weaponry including:
(a) 7.62m EN rifle (with Telescope)
(b) 7.62 AK Rifle
(c) 9mm MPs SMG with silencer
(d) 9mm UZI SMG
(e) 9mm UZI SMG
(f) 9mm UZI SMG
(g) 9mm UZI SMG
(h) 9mm UZI SMG
(i) 9mm UZI SMG
(j) 9mm UZI SMG
(k) 1½ Inch Signal Pistol
(l) 9mm UZI... More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 2nd November 2020, applicant appeared at the Western Commonage Magistrate’s Court, Bulawayo, whereupon he was placed on remand and remanded in custody. The allegations from which the charge of murder arises are set out in the Police Form 242, a Request for Remand Form. It states that: - On the 29 October 2020, at number 15126 Cowdry Park, Bulawayo, applicant was drinking beer with Ben Sibanda... More
This is an application for bail pending trial. Applicant is facing a charge of murder in contravention of section 47 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). The Applicant denies the allegations of murder and avers that he is a suitable candidate for bail. The State opposes this application.
The allegations against the applicant are summarised in the Request For Remand Form 242. On the 29th October 2020 applicant was in the company of Ben Sibanda (deceased) and one Robson Ndlovu who is at large. They were drinking alcohol. A dispute arose over applicant’s wife.... More
1. The preliminary point raised in this matter concerns the delay in registering a foreign judgment. The applicant brought an application for registration of a foreign judgment in terms ofOrder 37 Rule 305as read with Section 5(2) (a) (ii) of the Civil Matters (Mutual Assistance) Act [Chapter 8:02], the Act. Whilst the respondent challenges the registration of the foreign judgment on a number of grounds, it has requested the court to consider firstthe pointconcerning thelimitation period for registering a foreign judgment as prescribed in terms of s5 (2) (a) (ii) of the Act. More
1. The applicant brought an application to register a foreign judgment in terms of Order 37 r 305 as read with s 5 of the Civil Matters (Mutual Assistance) Act [Chapter 8:02], the Act.
Background facts
2. The respondent, Star Africa Corporation Limited, a Zimbabwean registered company is the parent company of Red Star Holdings Limited.The applicant was first employed by Red Star Holdings Limited in Harare as its regional development executive in May 2007 and was later transferred to Red Star Holdings Limited Distributors Zambia Ltd, a subsidiary of Red Star Holdings Limited in Zambiain October 2007 in the... More
The plaintiff and defendant were married to each other at Harare Magistrates Court on 7 June 1993 in terms of the Marriages Act, Cap 37 (now Chapter 5:11) and the marriage still subsists. They had however commenced living together as husband and wife in terms of customary law in between the years 1987 and 1988 (the exact year is not agreed). Their marriage was blessed with two children who were born on 2 May 1989 and 3 March, 1995 respectively.
During the subsistence of the marriage they acquired various movable property and an immovable property namely, House No. 25 Ambleside... More
This matter appears listed as one where judgment has been pending since 4 December 2015. It is necessary to put the circumstances of how the matter has remained in my chambers since it was argued on 4 December, 2015 into perspective. More
The applicant leases certain commercial premises from the first respondent. He has been a tenant of the first respondent since 1998. Then, the relationship between the parties was regulated by an oral lease agreement. In 2005, the parties entered into a written lease in respect of the same premises. More
Section 169 of the Election Act [Cap 2:13] (“the Act”) provides as follows:
“Notice in writing of the presentation of a petition and of the names and addresses of the proposed sureties, accompanied by a copy of the petition, shall, within ten days after the presentation of the petition, be served by the petitioner on the respondent either personally or by leaving the same at his or her usual or last known dwelling or place of business”.
In the above matters service in some cases was either effected after the expiration of the ten days at respondent’s Party Headquarters or... More
The plaintiff approached this court with a request for reasons for the 31st October order. Hence, my task is to give the basis for the order of 31 October 2023.
The plaintiff instituted an action against the defendants for damages arising from a road traffic accident that was allegedly caused by the first defendant on 12 April 2018. The second defendant is being sued in its official capacity as the employer of the first defendant. The plaintiff’s claim is for US$234 000 which is also payable in local currency at the prevailing official rate. More
The parties are agreed that the marriage relationship has irretrievably broken down. They settled ancillary issues on custody, maintenance and sharing of movables. The only outstanding issue is the division of the immovable property at the centre of the dispute. More
The applicant herein faces twenty (20) counts of Aggravated Indecent assault as defined in section 66 of the Criminal Law Codification and Reform) Act, [Chapter 9:23].The brief facts as alleged by the state are that the applicant is a police officer 35 years old and is based at Plumtree Police Station. It is further alleged that the Officer-in-charge of Zimbabwe Republic Police Mpoengs received a tip off about cases of sexual abuse among pupils at Bhulu primary school. On 26 March 2019, the said officer-in-charge assigned the applicant to investigate the allegations of sexual abuse. The applicant got to the... More
