The appellant is the executive director of the Centre for Research and Development, a registered trust entity stationed at Mutare. Acting on information the police arrested him on 3 June 2010 on allegations of publishing or communicating false statements prejudicial to the state as defined in section 31 (a) (ii) of the Criminal Law [Codification and Reform] Act [Cap 9:23]. The offence is punishable by up to 20 years imprisonment. More
The parties are husband and wife. They married customarily in 1981 and later solemnized their marriage in terms of the Marriage Act, [Cap 5:11], (then Cap 37), on 18 October 1985. Three children were born of the marriage and one of them is still a minor. Certain unhappy differences have arisen in the marriage. The plaintiff now seeks an order of divorce from her husband, custody of their minor child and division of their property. The defendant has counterclaimed for a decree of divorce, custody of the minor child, division of the matrimonial estate and maintenance for himself in the... More
To bring proceedings by way of application or by way of summons is an issue that must be uppermost in the mind of each and every legal practitioner who is given instructions to approach the court for relief. While application procedure is the more expedient manner of resolving disputes, it is not always suitable. Rules and practices of this court have been set up to guide legal practitioners on when application procedure is not suitable. Numerous judgments of this and the Supreme Court have explained these rules and practices in detail and have in some instances gone to great lengths... More
On 1 August 2007 the applicant herein, under Case No HC 4094/07 issued a summons against the respondent herein claiming special damages in the sum of $4 102 500 000 in Zimbabwe dollars. The respondent (defendant) entered an appearance to defend and the matter proceeded in due to be set down for trial. A few days before the matter was due to be tried on the continuous roll the defendant filed a consent to judgment as set out in the summons and declaration. On 4 January 2009 judgment was entered for the applicant (plaintiff) in accordance with the consent filed... More
The plaintiff issued summons out of this court on 14 October 2009 claiming payment in the sum of US$8 769-44 for coal delivered and supplied to the defendant at the defendant’s special instance and request, interest from the date of the service of summons to the date of payment in full, collection commission and costs of suit. The action was contested. More
MAKONI J: This is an application for leave to execute pending appeal. The background to the matter is that the applicant carries on farming operations at Frogmore Farm in Mazoe (“farm”). The first respondent took occupation of part of the farm on 13 May 2007 on the basis of an offer letter issued to him by the second respondent. The applicant issued summons, out of this court, claiming spoliatory relief. The matter went to a full trial and on 29 July 2009 this court granted the applicant’s claim. On 30 July 2009 the respondent filed a Notice of Appeal to... More
On the 9th of September 2009, the applicant obtained a spoliation order against the 1st respondent, in Case No. HC 3989/09, evicting him from the property in question (Frogmore Farm). On the same day, the 1st respondent appealed against this order in Case No. SC 216/09. Relying on his offer letter from the 2nd respondent and the notice of appeal, he then reoccupied the property on the 15th of September 2009 without the applicant’s consent. The applicant now seeks leave to execute the order in Case No. HC 3989/09 pending appeal. The 1st respondent resists the application on the ground... More
