This is an unopposed claim for general damages for an assault perpetrated upon the plaintiff at about midnight on 13 October 2009, by fourth, fifth and sixth defendants who are police officers. The plaintiff’s declaration merely narrates the events which or evidence of what occurred on the day in question rather than pleading the facts which constitute the cause of action. The declaration contains material which should be found in an affidavit rather than in a pleading. No wonder then that the affidavit of evidence filed in support of the quantum largely reproduces the contents of the declaration. Also, the... More
This matter came before me through the chamber book on 16 April 2012. I directed that it be heard on an urgent basis as I considered the requirements for the procedure fully met. It was set down for hearing on 20 April 2012. Counsel for the respondent argued at length in favour of the grant of the provisional order. Mr Samukange, for the applicant, in the end conceded that without specifically pointing to the basis for reasonable apprehension of unlawful detention, which his client feared the respondent was about to effect, the court could not interdict the respondent from requiring... More
In this urgent chamber application the applicant seeks an interim relief to interdict the first respondent from continuing with execution pending the finalization of the instant case. More
This matter emanates from the 3rd National Congress of the Movement for Democratic Change (the MDC) which was held in January 2011. The Congress was convened in December 2010 by Prof. Welshman Ncube, the 2nd respondent, who was at that time the Secretary General of the MDC. More
The plaintiff and defendant were joined in holy matrimony on 13 June 1997, in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. They had however commenced living together as husband and wife in terms of customary law in August 1985. Their marriage was blessed with two children one born on 31 March 1989 and the other born on 17 August 1994. More
On 30 June 2005 the third respondent registered, under Deed of Transfer Number 5859 2005, an undeveloped stand, being a certain piece of land situate in the District of Salisbury known as stand number 518 GoodHope Township of Lot 6 of GoodHope (the property), in the name of the applicant. More