The applicant filed an application for a spoliation order. The basis of the application is that on 9 January 2010 the respondent, together with six other men entered into the applicant’s farm and they forcibly dismantled a maize silo. This was without the consent of the applicant neither was there a court order authorizing them to do so. More
On 29 April 1995 the plaintiff and defendant were joined in holy matrimony by a minister of religion in terms of the Marriages Act Chapter 5:11. That must have been a joyous occasion, not only to the two but to their respective families and friends. Sadly 14 years down the line the couple no longer wishes to continue as husband and wife. Whatever happened to their vows to live together ‘till death do us part’ is only known by the two of them. More
On 20 September 2005 the applicant and the two respondents concluded an agreement in terms of which the respondents leased from the applicant an immovable property, namely, 6 Thames Rd Vainona in Harare. The lease agreement was to extend for a period of twelve months terminating on 31 August 2006. It is common cause that the lease was not renewed but the parties after some dispute entered into a settlement in terms of which it was agreed that the lease would continue until 30 December 2008 after which the respondents would vacate the premises. When the fateful day arrived the... More
Following the acquisition by the State of the applicant’s farm, the parties filed a consent order with this honourable court under case no HC 308/10 in the following terms:
“It is hereby ordered with the consent of the parties that:-
1. The tobacco on Masasa Plot Lot 2 Lions Head, Rusape, allocated to second respondent shall be harvested, cured, graded and removed from the said plot in terms of an agreement to be concluded between second respondent and Chidziva Tobacco Processors (Private) Limited, which agreement shall cater for the involvement of applicant and/or his son, Kirk Voest, with regard to... More
This is an application for rescission of the judgment granted by this court on 13 May 2009 in case number HC 6215/08. The matter was argued before me on 3 September 2009. In their submissions the respondents raised a point in limine that the applicants were in contempt of the judgment that they seek to rescind. The applicants opposed the issue of contempt. On 21 October 2009 I made a finding that the applicants were in contempt of the order and that their application for its rescission will not be determined on the merits until they purge their contempt. The... More
The applicant is in remand prison on allegations of murder. Acting in consort and common purpose with three others he is alleged to have assaulted and murdered the deceased accusing him of having stolen his money. The offence was committed in 2007. More
On 8 September, 2010 I erroneously granted an order, following a chamber application, registering an arbitral award in favour of the applicant against the Ministry of Finance as if the correct respondent was Smallholder Micro-Irrigation Development Support Programme (“the Programme”). The Programme is donor-funded by the European Development Fund.
Subsequent to the registration of the arbitral award, it was brought to my attention via my sister judge – Gowora J – who had dealt with an urgent chamber application by the Programme to stay the sale in execution of the Programme’s motor vehicles which had been attached pursuant to the... More
