This is an urgent chamber application wherein the applicant seeks the following relief;
‘TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms—
1. That the third respondent be and is hereby directed to cancel the Deed of Transfer passed in favour of the first respondent over a certain 300 square metres of land called stand 10346 Kuwadzana Township of Fountainbleu Estate situate in the district of Salisbury.
2. That the party opposing to bear the costs of this application on the higher scale of... More
I heard this application on 24 November, 2017. I delivered an ex tempore judgment in which l granted the application as per the draft order.
On 31 May, 2018 the High Court registrar wrote advising that the respondents appealed my decision of 24 November, 2017. He stated that reasons for the same were requested. More
The applicant Elizabeth Manhenga approached this court seeking dismissal of case number HC3420/17 for want of prosecution in terms of r 236 (4). The application she wants dismissed is an application for condonation of late noting of an appeal duly filed by the respondent. The facts of the matter are that the applicant and respondent who were customarily married appeared before this court in case HC3348/14 seeking an order for property sharing as between them. Judgment was then delivered on the 8th of March 2017 under case no HH152/17 wherein the applicant was awarded 50% share of property described as... More
The background of the matter is that Old Mutual sued the applicant, Elton Mtisi, alongside Puzey and Payne (Pvt) Ltd, who was the first defendant and Charles Nhamo Nyambuya who was the third defendant for payment of US$334 125,81 as rent arrears following the cancellation of the lease agreement between Old Mutual and the defendants. More
The famed Nigerian author, feminist and motivational speaker Chimamanda Ngozie Adichie in one of her TED talks discussed an interesting topic titled, “The dangers of a single story”. She talked about how she was initially shaped by one narrative on life but she later realised how dangerous such a trajectory is. This matter epitomises such dangers when one party is so adamant that during the subsistence of the marriage, only one narrative matters and in the process completely misses the tenets of the Matrimonial Causes Act [Chapter 5:13]. More
This is an application for dismissal for want of prosecution of several matters involving both parties over the same subject matter thatbeing aland dispute.
Prior to enrolment of the matter on my opposed roll, I hadnoticed that the applicant had not furnished either the files or any the document pertaining to the other matters which he desired to be dismissed under the present case number. I found this omission to be counter-intuitive bearing in mind that he was praying for a dismissal of those very matters. As a result, at the hearing of the matter I caused the matter to... More
