I heard the application which the applicant filed through the urgent chamber book on 11 December, 2020. I delivered an ex tempore judgment in which I granted the applicant’s prayer in terms of the amended interim draft which had been moved for. More
The facts of the matter are that on the 17 January 1993 Denizio George died intestate in Harare. At the time of death the late was married to the Plaintiff in terms of the then African Marriages Act [Chapter 238] now Customary Marriage Act [Chapter 5:07]. The union was blessed with three children. At the time of death the late Denizio George was the holder of rights and interests to title of house No. 22 Muzari Road, New Mabvuku, Harare. After the untimely demise of the late Denizio George the late Biannah Hundi, his sister, chased the plaintiff away from... More
The appellant appeared before the Magistrates Court at Harare charged with theft as defined in s 113 (2) (d) of the Criminal Law Codification and Reform Act [Chapter 9:23] it being alleged that she received a Massey Ferguson 390 E tractor from Takunda Trust Tekere to keep in her safe custody but contrary to the trust agreement she unlawfully converted it to her own use. The appellant pleaded not guilty and the matter proceeded to trial leading to her conviction. The State case, which the trial Court accepted was that sometime in the year 2014, the complainant, a male adult,... More
The applicant considers that the judgment of the High Court by DUBE J in HC 4734/17 was granted as a result of a common mistake of both herself and first respondent in that it was argued and determined as an opposed application when it ought to have been dealt with and determined as a trial cause. For this reason, applicant applied for the rescission of the said judgment in terms of Order 49 r 449 subrule (1) (b). Applicant cited first respondent as well as second, third and fourth respondents. Only the first respondent opposed the application. Second, third and... More
Applicant seeks that the immovable property known as 92 George Road Chegutu, be registered in the names of herself and her former husband the first respondent. She specifically seeks that the first and second respondents be ordered to sign all necessary documents to have the property jointly registered in the names of the applicant and the first respondent. In the event of non-cooperation from Jose De Brito who is the first respondent and former husband, the order sought is that the Sheriff of Zimbabwe, being the second respondent be empowered to sign such papers on his behalf. More
This is an appeal against conviction. The appellant was convicted of one count of physical abuse as defined in s 4(1)(a) as read with s 3 of the Domestic Violence Act [Chapter 5:16] (“the DVA”). The Magistrates Court sitting at Chivhu sentenced him to 9 months imprisonment of which 3 months imprisonment was suspended on condition that the appellant does not within the next 5 years commit any offence involving physical abuse and for which upon conviction the appellant is sentenced to a term of imprisonment without the option of a fine. The remaining 6 months imprisonment was suspended on... More
In the magistrate’s court the respondent sued the appellant for payment of a sum of money said to represent the purchase price for certain farm machinery and equipment sold by the respondent to the appellant but for which the appellant had not paid. The appellant entered an appearance to defend. That was just about the only proper document filed for the appellant throughout the course of this whole case. More
