The plaintiff and the defendant were married in Harare in February 1982. There are no children to the marriage. The parties have realized that they no longer have love and affection for each other and that their relationship has broken down and cannot be retrieved. They came to this joint conclusion at a pre-trial conference that was held after the plaintiff had issued summons for divorce in January 2006. At the same pre-trial conference, the parties also agreed on how to share the movable assets of their joint estate in the event that the court agreed with them that their... More
The following facts are common cause. The plaintiff is the owner of business premises situated at defendant No 18 Shepperton Road, Graniteside, Harare. On 16 December, 2002, the company entered into a lease agreement with the defendant whereby the defendant leased from the plaintiff a portion of the business premises. The lease agreement was renewable annually. In 2005, the parties agreed to renew the agreement every four months and would agree on the monthly rental for the four months. In December 2005 the rental was $40 million. It was a term of the agreement that rent was payable on or... More
This matter was initially placed before me under a certificate of urgency. As the final and interim relief sought on the provisional order were the same, I wrote an endorsement on the face of the application querying the manner in which the relief had been framed. The letter of explanation was not placed before me and it was not until after some months that the matter was then brought to my attention. In the event, it was set down before me in chambers to be argued as an urgent application. The respondents indicated a desire to file affidavits in opposition... More
On 20 December 2007, the plaintiff issued summons against the defendant claiming the sum of $87, 501, 810 -94 being the value of certain goods that were stolen after the plaintiff had placed them in storage with the defendant. The claim was resisted primarily on the basis that the defendant was not negligent in any respect leading to the loss of the goods. In particular, it was the defendant’s case that the parties had specifically agreed that the defendant would not be liable for any loss or damage suffered by the plaintiff howsoever and form whatever cause arising even if... More
The petitioner contested for and lost the Chinhoyi House of Assembly Constituency. He was ZANU (PF”S) candidate for that constituency, in the 29 March harmonised elections. He contested against the respondent an MDC Tsvangirai candidate, who won the right to represent that constituency. The Petitioner presented this petition to the Registrar of the Electoral Court on 14 April 2008. He sought an order of this court setting aside the respondent’s election and an order declaring the seat for the Chinhoyi House of Assembly Constituency vacant plus other procedural orders which would lead to a by-election being held in that constituency. More
Samson Njanina filed the matter, before this court, with the Registrar of the Electoral Court on the 18th July 2008. ZANU PF and MDC T Political parties contested the matter by filing notices of opposition. The 1st respondent did not respond. More
Appellant worked for Respondent at Beitbridge Border Post. On 12th August 2005 she was charged with misconduct. A hearing was held on 22nd August 2005. She was found guilty and punished by dismissal. She appealed. On 31st August 2005 Respondent’s Appeals Committee heard the matter and dismissed the appeal. Appellant then appealed to this Court. More
