On 10 July 2006, the respondent herein, whom I shall refer to as the plaintiff issued summons in the Magistrates Court Harare against the appellant, the defendant claiming “sharing of property.” Particularsof claim attached to the summons made reference to a customary union which resulted in the establishment of a universal partnership. It was accordingly prayed that it would be just and equitable for the court to order that a house shared by the parties during the partnership be sold and the proceeds jointly shared between the parties. More
Parties failed to agree on quantum and the matter was therefore argued before me. However, when the matter was argued the matter took long with most of the time being spent on the cross examination of the applicant by the respondent’s legal practitioner. Some of the questions asked were to do with the size of a particular section of a hotel or hotels at which the applicant worked. I am not sure whether there was any benefit from that lengthy time of cross examination. I believe that when legal practitioners lead evidence and cross examine witnesses, they do so in... More
The parties to this divorce action got married on 16 August 1996 at Bulawayo, Zimbabwe. Their union was blessed with three children all of whom are still minors. The plaintiff now seeks from this court a decree of divorce, custody of the three minor children of the marriage and distribution of the matrimonial estate. In justifying his prayer he avers in his Declaration that his marriage to the defendant has irretrievably broken down. He also avers that there are no reasonable prospects of its restoration to normalcy as the defendant has, during the subsistence of the marriage, committed acts of... More
This is an urgent application filed by the applicant on behalf of Ezenwafor Patience Onyeka, a minor child aged 16 years (the minor girl child) seeking the following relief: More
On the night of 3 June 2003 at about 2100 hours the plaintiff had retired to bed with his beloved wife and 4 year old child at their rented lodgings being No. 6950A Western Triangle in Highfield Harare, a house he shared with another lodger, one Chipo Simango, when their house came under heavy attack. The plaintiff, then employed by Winfield Clothing Industries of Southerton as a tailor, was blissfully enjoying his sleep when the serenity and comfort of the night was abruptly and violently interrupted by heavy banging of the door and shouting. More
Appellant appealed to this Court against his dismissal from employment by Respondent. The facts of the case are aptly set out in Respondent’s Heads Of Argument as follows,
“On 01 May 2011 however LameckPhiri gave the keys to the safe containing money he had collected on 30 April 2011, to the Appellant who did banking for that day. The Appellant collected a total of
US$98 439 and R193 800. He put the money and banking documents in the same safe that contained Phiri’s money. No hand over take over was ever done between the two notwithstanding that huge sums of... More
: The applicant instituted summons action against the respondent seeking judgment in the sum of US$51 013-00 together with interest at the rate of 5% per annum from 31 July 2011 to date of payment and costs of suit, due by the respondent in terms of an acknowledgment of debt signed on 28 July 2011. More
