The parties are apparently engaged in bitter acrimonious divorce proceedings. On 01 October 2012 they appeared before me for a pre-trial conference in terms of the rules of Court. At that hearing counsel for the plaintiff mooted the need to separate the divorce proceedings from the division of property issues. As this was a novel suggestion to me I queried whether it was legally competent to determine the two issues separately. Mr. Fitches counsel for the plaintiff stated that this was possible on the basis of the precident set out in the case of Chivhiya v Chivhiya for which he... More
The plaintiff herein seeks the cancellation of an agreement between the parties for the sale of a motor vehicle and damages for breach of contract in the sum of US$6,500. The principal issues for determination are whether the defendant represented that it was the owner of the motor vehicle and whether it breached the contract of sale by not guaranteeing vacant possession of the vehicle to the plaintiff. More
The application before the court is for bail pending appeal against sentence. The State opposed the application and the court to a greater extend agreed with the State and thus dismissed the application. More
This application initially came as an application for a provisional order for the company’s voluntary winding up. A provisional liquidation order was granted on 22 June 2011. On 27 July 2011 the respondent filed its notice of opposition. The matter is here today for the confirmation of the provisional liquidation order granted on the 22nd of June 2011. More
This is an application for stay of execution pending an application for rescission of a judgment granted against the applicant and in default by MUTEMA J under HC1916/12 on 22 May 2012. More
On 17 October 2012 the applicant, a self actor, filed an urgent chamber application under case No. HC12128/12 seeking to interdict the first respondent from convening the 2nd All-Stakeholders Conference regarding the constitution making process pending publication of the National Statistical Report in the Local media. More
The seven applicants approached the court on/with an application for bail pending trial. The applicants are facing one count of public violence as defined in s 36 (1) of the Criminal Law (Codification & Reform) Act [Cap 9:23] and one count of murder as defined in s 47 of the same Act. It is alleged that on 26 May 2012 the applicants who are Zanu PF supporters acting with common purposes teamed up with other five Zanu PF supporters and being armed with logs and stones went and attacked MDC T party supporters who were attending a police sanctioned rally... More
