The adjudicating process necessarily involves a certain amount of preconception and prejudgment. After going through the pleadings, one formulates an opinion on the strengths and weaknesses of the parties’ respective cases. More
The parties entered into a customary union on 25 May, 2007 and on 2 April 2011, they registered their marriage in terms of the Marriages Act [Chapter 5:11]. The couple had two minor children born on 27 December and 12 February, 2012, respectively. More
After working for the greater part of one’s life an employee not only looks forward to taking a deserved rest from active employment but reasonably expects to receive their pension timeously and in full as prescribed by law. More
This is an application for the return to the applicant of goods seized from the applicant by fourth respondent. The goods were seized on the basis of the order granted by this court (per CHITAKUNYE J) in Case Number HC 489/07. The basis of the application is that the seizure of the goods was unlawful as it was not done pursuant to a writ of execution. It is common cause that, indeed, there was no writ execution on the basis of which the fourth respondent acted when he recovered the goods. The application is opposed by the first respondent. More
This is an application to compel transfer consequent upon an agreement of sale of “proposed subdivision B of Lot 369 Highlands Estate of Welmoed measuring approximately 2033 square metres” entered into between the applicant and the first respondent in January 2015. More
The applicant a student at the University of Zimbabwe approached this court on an urgent basis seeking the suspension of a circular by the University Registrar that had resulted in the removal of all medical students from their halls of residence on and off campus on the 26th June 2017. The removal of students came after a purported violent demonstration which led the University to order all medical students to leave their residence on and off campus within 15 minutes. He also sought an order permitting students who had vacated their accommodation to return and re-occupy their rooms and that... More
A purchaser has only personal rights against the seller of a thing he purchased. He has no real rights over the thing. Unless and until he takes transfer of, or title in, the property which he purchased, the remedy of actio rei vindicatio remains unavailable to him.
The status of the current applicant fits neatly into the above-described set of circumstances. It purchased Lot 2 of Clipsham Farm (“the property”) from the Government of Zimbabwe. It did so on 9 December, 2015. It did not take transfer of the property. More
