At the conclusion of the hearing of this matter I handed down an ex tempore judgment and dismissed the application.
Notwithstanding that none of the parties has asked for written reasons I decided to furnish them nonetheless. More
The facts of this matter are rather unusual. The plaintiff and the defendant were firstly married in 1996 in terms of the Marriage Act (Chapter 5;11). The marriage was blessed with three children namely; Johnson Moyo (male) (born on 4 February 1991), Ndumiso Moyo (male) (born on 22 November 1994) and Nobukhosi Moyo (female) (born 22 October 1999). During the subsistence of the marriage the parties acquired two immovable properties, being Stand number 72173 Lobengula West, Bulawayo and Stand 14584 Ihlosi Road, Selbourne Park, Bulawayo. In the course of the marriage the defendant left for the United Kingdom where he... More
This is a chamber application for condonation for late filing of an application for review. I dismissed the application in an ex-tempore judgment after hearing from the parties. The parties have not asked for written reasons but I decided to provide them in anticipation of such a request.
Rule 62 (4) provides that:
“Any proceedings by way of review shall be instituted within eight weeks of the termination of the suit, action or proceedings in which the irregularity or illegality complained of is alleged to have occurred.” More
On 6 July 2009, the applicant issued summons against the respondent, claiming provisional sentence in the sum of US$ 8 920-00 together with interest thereon at the rate of 5% p. a. reckoned from the date of the issuance of summons to date of payment in full.
In the summons, the plaintiff alleged that the claim was based on a letter written by the defendant’s legal practitioners on 11 June 2009 in which the debt was allegedly acknowledged. A copy of the letter was attached to the summons. More
On 9 September 2009 the plaintiff issued summons out of this court seeking a decree of divorce on the basis of irretrievable breakdown custody of the two minor children, an order of sharing matrimonial property and that each party bears its own costs.
The defendant filed her plea and counter claim on 8 October 2009 in which she sought an order for custody of the two minor children, maintenance for the two minor children, an order of sharing matrimonial property and post divorce maintenance for the defendant in the sum of US $250-00 until defendant secures a job or becomes... More
This is a claim for divorce and ancillary relief. At a pre-trial conference the parties agreed that their marriage has irretrievably broken down and that it cannot be salvaged. They however, failed to resolve the issue of a Mercedes Benz motor vehicle registration number ADH 7024 and the immovable property known as stand 1724 Emganwini in Bulawayo. The parties were married to each other in terms of the Marriages Act Chapter 37 on the 20th of October 1989. At the time of divorce there are no minor children born of the marriage, all children are majors. More
1. This is an application for bail pending appeal against conviction and sentence. The applicants together with another person who is not part of this application were arraigned before the Magistrates’ Court sitting at Beitbridge. They were charged with eight counts of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. They were convicted and each sentenced to thirty months imprisonment with six months suspended for five years on the usual conditions and a further eight months suspended on condition of restitution. More
Applicants in this matter filed an application for the review of a sale in execution by the Sheriff which applicants aver was not done in accordance with procedure. In other words, applicants aver that there were gross irregularities in the conduct of the sale in execution of their co-owned property. The applicant avers in the face of the application that an order is being sought in terms of the draft and that the grounds for review are as follows:
1) The respondents failed to follow the court rules regards attachment and sale of movable (sic) property.The 1st and 5th respondents... More
DUBE-BANDA J: This is an application for bail pending appeal. It was filed with this court on the 12 February 2021. Respondent filed its response on the 15 February 2021. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice of Zimbabwe. After I had completed writing this judgment, while it was awaiting to be taken to the Registrar’s office for the allocation of a judgment number (HB number), I was then informed that applicant had filed a notice of... More
The Applicant a self-actor approached this court on an urgent basis seeking to stay proceedings under case number CGK 118/21 at Kadoma Magistrates Court pending determination of the review proceedings in Case Number HC 2354/21. More
The plaintiff married the defendant in terms of the Marriages Act [Chapter 5: 11] on 19 December 2014 at Marondera. The plaintiff is not in formal employment but claimed to be in the business of buying and selling anything saleable. The defendant on the other hand is a student at the University of Zimbabwe (UZ). Their marriage was soon on the rocks and on 16 July 2015 the plaintiff sued defendant for divorce and other ancillary relief. The parties had stayed together as husband and wife from 19 December 2014 to end of February 2015 when the defendant returned to... More
MOYO J: This matter started off as a court application but was at some stage referred to trial. The plaintiff seeks an order couched in the following manner:-
“1. The applicant be and is hereby declared the rightful owner of a property known as 3 Cathness Hillside Bulawayo.
2. That pursuant to the above 1st and 2nd respondents sign all the necessary transfer papers within 7 days of the granting of this order so as to effect transfer into the names of the applicant.
3. Failure by the 1st and 2nd respondents to sign the necessary transfer papers the Sheriff... More
3. This application will be better understood against the background that follows. On the 16 July 2014 in case number HC 1043/14 Shonhiwa obtained an order in the sum of US$51 000.00 against the second applicant (Blessing Zibowa). Paragraph two of the order declared that Stand number 50 Southway Road, Burnside, Bulawayo (property) be specially executable by private treaty as it was pledged as security. On the 14th June 2017 Kenny obtained an order in the amount of US$14 500.00 against both the first and second applicants, for completeness the two are husband and wife. On the 30th August 2017... More
The background of the case is that on 7 October 2014 the respondent leased shop premises at Number 121 Harare Street to the first appellant for two years. The rental was renewable annually. The second appellant signed as surety. It was common cause that at the time the summons was issued, the rent was US$2550.00 per month plus operating expenses. More
At the conclusion of Submissions in argument in this matter, I granted the relief sought and indicated that my reasons thereof would follow. Below are the reasons for my decision. More
