Most of the facts are common cause in this case. It is not in dispute that the plaintiff is the registered owner of a motor vehicle, namely, a Mercedes Benz, E320, 2002 model, Engine number 11294931346039, Chasis number WD8211065-2A095026, registration number ADA 9827. More
The plaintiff married the defendant in terms of the Marriages Act [Chapter 5: 11] on 19 December 2014 at Marondera. The plaintiff is not in formal employment but claimed to be in the business of buying and selling anything saleable. The defendant on the other hand is a student at the University of Zimbabwe (UZ). Their marriage was soon on the rocks and on 16 July 2015 the plaintiff sued defendant for divorce and other ancillary relief. The parties had stayed together as husband and wife from 19 December 2014 to end of February 2015 when the defendant returned to... More
The background of the case is that on 7 October 2014 the respondent leased shop premises at Number 121 Harare Street to the first appellant for two years. The rental was renewable annually. The second appellant signed as surety. It was common cause that at the time the summons was issued, the rent was US$2550.00 per month plus operating expenses. More
The applicant approached the court on an urgent basis. The matter was regarded not urgent and the application was heard as an opposed matter. The applicant was seeking for the relief to compel the first respondent to surrender property and assets belonging to the estate of the late Shingirai Bevan Tirivangni Mukandi (hereafter referred to as Mr Mukandi).
The brief facts are that, the applicant as the executor dative of the estate of the late Mr Mukandi has a duty provided under s 42 of the Administration of Estates Act [Chapter 6:01] to compel any person who is not an... More
This is an urgent application which was argued before me on 11 April 2018. After hearing Counsels for the applicants and respondents I handed down an ex tempore judgment and issued an order in the following terms:
“IT IS ORDERED THAT:
1. The respondents are ordered to restore the status quo ante which was obtaining prior to the 29th of March 2018 and restore the applicants into the church temple and premises at Stand No. 3874 Caledonia, Harare forthwith.
2. The respondents are ordered to release and return the temple keys to the applicants within 24 hours of the date... More
This is a divorce matter between the parties who were initially married to each other under customary law in 1994. The defendant was at the material time married to his first wife under general law. The defendant’s first wife subsequently died in 2000 and the parties then solemnised their marriage under the Marriage Act [Chapter 5:11] on 23 October 2006. More
Going through the pleadings in this matter was akin to charting through the maze. It is an example of how “not to file pleadings” before carefully considering a matter. The plaintiff issued summons against the defendant on 24 May 2016 seeking payment of the sum of $20 140.00 being rental arrears arising from the hire of a Plant Bell Grader in terms of a lease agreement dated the 8th of July 2015; interest at the prescribed rate of 2% per month, calculated from the 21st of October 2015 to date of full and final payment both dates inclusive and costs... More
