In this matter, plaintiff issued summons on 15 September 2017 where it claimed:
(a) The refund of the US$21 700 being the balance of the purchase price for a stamp mill which the parties agreed that defendant would refund to the plaintiff following the parties’ agreement to cancel the contract of sale. Plaintiff had allegedly bought a stamp mill from the defendant.
(b) Costs of suit.
In its plea, defendant admitted that the parties entered into an agreement of sale, save to say that such agreement was oral. Defendant also admitted that plaintiff paid $26 700 towards the purchase price.... More
This is a chamber application in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013) (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules SI 21/2016 (“the Rules”), for an order for leave for direct access to the Constitutional Court (“the Court”). More
Plaintiff instituted proceedings by way of a summons against the defendant claiming an order for a decree of divorce and other ancillary relief. Defendant opposed the plaintiff’s claims. The following facts are common cause between the parties;(a) that the marriage has irretrievably broken down.
(b) that defendant shall have custody of the minor children of the marriage.
(c) that plaintiff pays maintenance in terms of the Maintenance Court order under case number M 433/16.
(d) that the parties shall share their household property; and
(e) that each party will get half of the ten (10) goats. More
This is an application purportedly made for the guardianship of a minor child in terms of the Guardianship of Minors Act (Chapter 5:08). The order sought by the applicant is couched in the following terms:
“1. Applicant be and is hereby granted custody of the minor child, namely Zoleka Mhlanga (a minor born on 9th June 2004)
2. That 1st respondent be granted access to the minor child, every alternative school holiday.”
The application is opposed. The 1st respondent has raised certain preliminary issues which are dispositve of the mater. I shall consider these issues in turn. More
On 7 September 2018 the appellant appeared at Nyanga Magistrates Court facing 1 count of the Road Traffic Act and second count of culpable homicide. Count 1: appellant had no driver’s licence as defined under s 6 (1) of the Road Traffic Act [Chapter 13:11]. It was alleged that on 9 May 2018 and along Chamakowa road 100 m before the main tarred road, Rusape – Nyanga, appellant drove a daff AVM truck, registration number AAH 2186 while not being a holder of a driver’s licence issued in terms of the Act, in respect of such class of motor vehicle. More
This is an appeal against both conviction and sentence. After hearing both counsel on 31 October 2018 we directed that both counsel file supplementary heads of argument on some point of law as both counsel conceded that they were not prepared to make meaningful submissions on that point we had raised. The supplementary heads of argument were to be filed by 16 November, 2018. More
On the 8th of March 2019 a chamber application for dismissal for want of prosecution was placed before me. I granted the order on 2nd April 2019.
I have been requested to provide reasons for the decision. These are my reasons.
A Chamber Application for dismissal for want of prosecution is governed by the provisions of order 32 Rule 236 (4) (b). The rule provides as follows:
“4. Where the applicant has filed an answering affidavit in response to the respondent’s opposing affidavit but has not, within one month thereafter set the matter down for hearing, the notice, on notice... More
