Plaintiff instituted proceedings by way of a summons against the defendant claiming an order for a decree of divorce and other ancillary relief. Defendant opposed the plaintiff’s claims. The following facts are common cause between the parties;(a) that the marriage has irretrievably broken down.
(b) that defendant shall have custody of the minor children of the marriage.
(c) that plaintiff pays maintenance in terms of the Maintenance Court order under case number M 433/16.
(d) that the parties shall share their household property; and
(e) that each party will get half of the ten (10) goats. More
The first and second applicants in this application are first and third respondents in case No. HC4168/14 wherein Roselyn Murambiwa as executrix dative (Estate Late Phillip Murambiwa) is the applicant. Case NO. HC 4168 is the main case brought as a court application. In case No. HC 4168/14, the applicant sought the reversal of transfer of an immovable property in Karoi which she wants to be included in the estate of her late husband. The property was alledgedly purchased by the respondents who took transfer. More
MABHIKWA J: The plaintiff issued summons against the defendant. She alleged that she and the defendant were married in terms of Shona custom in December 2006. She said that the defendant is therefore her estranged customary law husband. The parties are now living separately and not as husband and wife. There are three minor children born of the union namely Byron Sydwell, Darrel Sydwell and Mia Sydwell Nsingo.
During the subsistence of the said union, there developed and existed a “tacit universal partnership between the parties wherein the two were equal partners. The plaintiff was employed by Exortica Nurseries from... More
The appeal was lodged against the determination by the Group Chief Executive Officer to dismiss the Appellant from employment following herconviction on a charge of violating category C (v) of the Zimbabwe Newspapers (1980)Limited Code of Conduct that is “insolence towards a subordinate, colleague, superior or clients by act, words or demeanor.” More
In 1996 the plaintiff and the defendant entered into an unregistered customary law marriage.Their union was blessed with one child born on 29 January 2009. More
On the 27th July 2023 this Court issued an order which struck off the roll applicant’s application for leave to appeal “as it was filed out of time.” On the 15th July 2024 applicant requested reasons for the order. More
This is an application for the removal of the Executrix Dative on the grounds that the first respondent has abdicated her duties since her appointment in 2014 to administer the estate of the late Remusi Machokoto. More
On 24 March 2009, the first defendant consented to the substitution of the plaintiff for her husband who died after litis contestatio. The full history of this case is reported in Chikadaya v Chikadaya & Ors 2000 (1) ZLR 343 (HC) and its sequel cyclostyled judgments of Chikadaya v Chikadaya & City Council of Harare SC 58/2001 and Chikadaya v Chikadaya & City Council of Harare HH 1 /2002. More
This is an appeal in terms of s 68J of the Administration of Estates Act [Chapter 6:01] against the Master’s finding that the first respondent was a customary law wife to the late Josphat Whacha. More
Sometime in May 2018, second respondent purchased a certain piece of land in the District of Charter, called Wiltshire 1010, commonly known as Farm 1010 Wiltshire Chivhu (the property|). The Deed of Transfer was executed at Harare on 13 May, 2019. Second applicant took occupation of the property without second respondent’s consent, attempted to erect illegal structures and also placed cattle on the property which are interfering with the developments the second respondent is desirous of constructing. Despite being notified of second respondent’s ownership of the property, second applicant has failed, neglected or refused to vacate the property. Second respondent... More
The plaintiff and the first defendant were partners in a computer software business. The two successfully tendered to supply the National Social Security Authority (NSSA) with some computer software that NSSA required for its operations. The first defendant did not possess the requisite skills and expertise to secure the contract and so it roped in the plaintiff to complement its capabilities and chances of securing the contract. The plaintiff and the first defendant entered into a revenue sharing agreement in anticipation of the payment of the fees for the services to be rendered to NSSA. The plaintiff contends that the... More
These matters were all set down before me for the hearing of certain preliminary issues arising out of the service of election petitions subsequent to their filing by the petitioners. As the issues before me were concerned with legal disputes I found it convenient to have the matters set down for hearing at the same. In order to accommodate counsel I heard the last three matters in the morning and the first two in the afternoon. I also, for the sake of convenience, decided to do a composite judgment of all the matters. The question in all five matters was... More
This is an appeal against sentence imposed following the conviction of the appellant on charges of stock-theft as defined in S 114 of the Criminal Law (Codification moreover, Reform) Act [Chapter 9:23]. The appeal pertains to three records which were tried separately. These are CRB GT 96/17, CRB GT 592/1, and CRB GT 604/17. The first two records have already been considered by this court in the exercise of its review powers following the referral of the records in terms of s 57 of the Magistrate Court Act. This Court is
not going to interfere with the review decision made... More
The applicant filed an urgent application for stay of execution having learnt, through an advertisement, of an intended auction sale of their immovable property at the instance of the first respondent the AFC Commercial Bank (sic). The auction is to be held on 9 December 2022. The applicant borrowed some money from the Bank under an agreement which in terms of s 38 (2) (3) (4) and (5) of the Agricultural Finance Act [Chapter 18:02] as read with the Second Schedule of the Act, allows the Bank in the event of default, to sell property used as security without further... More
