This is an appeal against the whole judgment of the High Court handed down on 11 November 2020 wherein the first respondent was granted an eviction order against the appellant. Aggrieved by this decision the appellant noted the present appeal on several grounds of appeal which can be reduced to one issue which is whether the court a quo erred in granting the eviction order.
The first respondent is in possession of an offer letter issued by the second respondent on 16 June 2014 in respect of sub division 2 of Lot 1 of Averlan in Hurungwe Mashonaland West Province... More
The applicant approached the court seeking a servitude of a right of way to access his plot which is land locked. The respondents opposed the application on the basis that the applicant already has access to his plot through another plot namely Plot 1 and further that the applicant is seeking a permanent benefit but has not offered compensation which is associated with such nature of permanent benefit.
The issue that falls for determination in this matter is whether or not the applicant is entitled to the servitude of a right of way. More
This is an action for divorce in which both parties agree that their marriage has irretrievably broken down. There are no children born of the marriage. The last sitting of a pre-trial conference was held on 10 July 2019 before CHIRAWU-MUGOMBA J and three issues were identified as the matter was referred to trial. The issues are;
a) Whether or not there is fault on the Plaintiff for the end of the marriage and the effect if any of same on the redistribution order of assets of the marriage.
b) What is a fair and equitable redistribution of the assets... More
At the commencement of this trial the parties agreed that this matter be dealt with as a special case in terms of Order 29, Rule 199 of the High Court Rules, 1971. The facts in relation to the special case are contained in the following document signed by both parties on the 25th November 2020. More
This is an appeal against the refusal of rescission of judgment by the lower court. The appellant made an ex parte application against the first respondent for an anti-dissipation order in the Magistrate’s Court. He had at the time already issued summons in the High Court against the first respondent claiming return of a motor vehicle described as a MercedesBenz200, registration number AEN 4363 and white in colour. The applicant averredin the summons that the vehicle belonged to him under circumstances outlined in his declaration. The vehicle was said to have been confiscated by the first respondent. More
MAKONESE J: This is an application for summary judgment. It is premised on a summons for eviction. The application is opposed.
Factual Background
On 9 June 2017 the applicant and respondent entered into a commercial lease agreement in respect of stand 80 Simon Mazorodze Road, Harare (the property). In terms of clause 1.4 of the agreement the parties agreed that there would be a rent review annually. In September 2019 a dispute arose between the parties with respondent demanding to negotiate and to have access to the agreements in relation to the review between the primary landlord and the applicant.... More
1. In this tax dispute, the applicant seeks an order interdicting the respondent from appointing an agent to collect assessed tax from it and reversing a garnishee of its bank account with the respondent’s agent, CBZ. More
