At the conclusion of the plaintiff’s case, Mr Uriri indicated that the defendant was applying for absolution from the instance and that he had the application ready which would be filed the following day. In the event the application was only filed on 16 September 2010. The response from the plaintiff was in turn filed on 21 October 2010. This has contributed in part to the delay in the determination of the application. More
The plaintiff who runs an Architectural Practice sued the defendant, a Church for fees he claimed he earned when he provided architectural services in designing the defendants, church building.
The plaintiff was initially contracted by one Huni a member of the defendant’s church in his personal capacity to design drawings of the defendant’s proposed church building for purposes of persuading the City of Harare to sell a church stand to the defendant. He performed that task to Huni’s expectation, and was paid the agreed fee. The defendant as a result got a church stand from City of Harare. The defendant... More
The applicant seeks an order in the following terms:
“IT IS ORDERED THAT:
1. Applicant be and is hereby declared to be lawfully authorised to be in occupation of subdivision 1 of Charmaine of Dryton in Seke District of Mashonaland East Province in terms of the Offer Letter issued by the 4th Respondent in his favour dated 3 January 2005.
2. 1st, 2nd and 3rd Respondents be and are hereby ordered to forthwith give vacant occupation of subdivision 1 of Charmaine of Dryton in Seke District of MashonalandEast Province to the Applicant.
3. The Deputy Sheriff and/or his lawful assistants... More
This is an appeal against the decision of the learned Magistrate in terms of which respondent was granted custody of his two minor children following the breakdown of the parties unregistered customary union sometime in May of 2009.The breakdown of their marriage had resulted in respondent moving out of the matrimonial home in Queensdale, Harare. Appellant remained behind and respondent continued to pay rentals for his wife and children as well as maintaining them. The couple had been blessed with twin boys who were seven years old at the time of the parties’ separation. Sometime after separation, respondent says he... More
The first plaintiff and the defendant are husband and wife respectively. They married each other in terms of the Marriage Act [Cap 5:11] at Harare in April 1998. Hitherto the parties had contracted a customary law union.
The second plaintiff the Anti-Corruption of Zimbabwe was joined in the proceedings in terms of Order 13 r 87(2)(b) of the High Court Rules 1971 on account of the dispute involving a motor vehicle between the first plaintiff and the defendant.
The first plaintiff issued summons out of the court on 21 June 2010 seeking a decree of divorce and an order of... More
: For purposes of this judgment I will refer to the applicant as the plaintiff and to the respondent as the defendant.
The plaintiff issued summons out of this court seeking adultery damages of $20 000-00 (twenty thousand dollars) and cost of suit on a legal practitioner and client scale. The amount of claim was broken down as follows:-
“(a) Contumelia inflicted upon the plaintiff …. $10 000-00
(b) The loss of the comfort, society and services …$10 000-00” More
The facts which are fairly straightforward and common cause in this matter can safely be summarised as follows:
The applicant is a company duly registered and incorporated in terms of the laws of Zimbabwe. The respondent is a registered commercial bank with a number of branches in Zimbabwe.
The applicant runs two distinct corporate bank accounts with the respondent’s Kwekwe branch. As of October 2007 the applicant’s two accounts had an aggregate credit balance of forty seven thousand seven hundred and thirty nine dollars and eighty six cents (US$47 739-86). More
