"Till death do us part" These are the vows that the parties made during their marriage on 2 August 2003. These are the vows which the defendant has clung to throughout the trial and has refused to consent to divorce even where all the evidence led during the trial, including her own evidence, leads one to the inescapable conclusion that the marriage had irretrievably broken down More
This is an appeal against the decision of the learned magistrate in the court aquo in terms of which the said magistrate ordered inter alia, that the appellant cedes the late Phineas Mpofu’s rights, interest and title in stand number 761 Kuwadzana 1 Harare, to the respondent. The respondent applied for leave to execute the judgment which leave was granted. The appellant appealed against both the judgment and the order to grant leave to execute. It is the appeal against that judgment which this appeal is concerned with. The appellant’s grounds of appeal are that the magistrate had erred in... More
The plaintiff in this matter is the Mining Commissioner for the District of Kadomah. He claims damages in the sum of US$30,000 for defamation arising from several newspaper articles published in The Chronicle in March and April 2009. The 1st defendant is the Minister of Mines, but is sued in this case in his personal rather than official capacity. The 2nd defendant is the editor of The Chronicle, while the 3rd defendant is the publisher of that newspaper. More
The applicant is the holder of an offer letter in respect of subdivision 8 of Galloway in the district of Mazowe in Mashonaland Central Province. He is involved in a vicious land dispute with the first four respondents hereinafter referred to as the respondents.
None of the respondents has an offer letter relating to plot 8. The second and third respondents claim occupation through one Gweshe the holder of an offer letter to plot 9.
On 17 February 2011 the applicant obtained default summary judgment against the respondents under Case Number HC 5434/10. The respondents subsequently filed an application for... More
In the year 1995 plaintiff married defendant in terms of customary law. They had apparently commenced living together prior to the formalization of the union in terms of customary law. On 31 March 2000 their marriage was solemnized in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. The marriage was not blessed with any child.
On 8 April 2008 the plaintiff filed a suit seeking a decree of divorce and other ancillary relief. The plaintiff alleged that the marriage had irretrievably broken down to such an extent that there were no reasonable prospects of the restoration of... More
The applicant is a South African national. He is on bail together with three accused South African nationals on allegations of fraud involving US$1 million. The alleged principal perpetrator, one Ping Sung Hsieh, is in South Africa awaiting extradition to this country. His extradition hearing is scheduled for 14 June, 2011.
On 28 February, 2011 OMERJEE J granted the applicant and his co-accused bail pending trial. The bail order reads as follows:-
“1. The applicant to deposit $500 with the Clerk of Court Harare Magistrate Court.
2. The applicant resides at No. 4 Dromore Road, Highlands, until this matter is... More
In November, 2004, the respondents as owners of the applicant sold the assets and goodwill of applicant to Construction Resources Africa, a company duly represented by Danny Musukuma. There were various terms and conditions pertaining to the sale of the assets and the goodwill as well as the directorship and the shareholding of the applicant company. In 2006 a dispute arose regarding the sale agreement. This led to the respondents to purportedly cancel the sale and instituted vindicatory proceedings in case number HC 109/07. The trial in that case has since gone through and judgment was reserved by my sister... More
