This is an appeal against the whole judgment of the Magistrates Court of Zimbabwe sitting at Concession under case number C 57/21 handed down on 21 December 2021.The appellants are husband and wife. In the court a quo the appellants filed an application for interdict seeking that the first to the fourth respondents be interdicted from interfering with their farming activities in Kakora village. The basis of the application being that the first appellant was the only child born of his parents. He was gifted with land approximately one hectare in extent by his late father Hensen Kapuya and he... More
This is a court application in which applicant seeks an order in the following terms:
“IT IS HEREBY ORDERED THAT:
1. The arbitral award by the Honourable Mutangadura dated 20 September 2018 did not delve into agreed terms of reference and consequently was not a final award.
2. Applicant be and is hereby entitled to refer the dispute to another arbitrator for resolution.
3. Each party to bear its own costs.” More
The dispute between the parties arose from the first respondent’s failure to settle his indebtedness to the appellant. On 15 October 2018, the first respondent signed an acknowledgment of debt acknowledging his indebtedness to the appellant in the sum of US$26 100.00. The acknowledgment of debt stated that the debt was due for payment and that in the event of legal proceedings being instituted, the first respondent would pay the costs of suit on a legal practitioner and client scale. The first respondent did not pay the debt. The appellant issued summons in case number HC 10118/18 for the payment... More
On 12 October 2022, the applicant filed this urgent chamber application for stay of execution pending rescission of a default judgment. The relief sought is set forth in the draft provisional order as follows:
“TERMS OF THE FINAL ORDER 1. That the application for stay of execution pending appeal be and hereby granted.
2. Execution of the Court order granted on the 21st of September 2022 be and hereby stayed/postponed pending the hearing of HC 6852/22.
3. That the costs of this application shall be borne by the 1st - 4th respondents if they oppose this application.
INTERIM RELIEF GRANTED... More
This is an appeal against the whole judgment of the Honourable Magistrate sitting at Murehwa Magistrate Court on 14 day of December, 2021.The appellant and the respondent are neighbors. The appellant resides in Chidziva village, under Chief Musana in Bindura. The respondent is a resident of Majero-Chitenga village, Chikwaka, Mrewa. The parties have been embroiled in a boundary dispute for a long time as they shared the same boundary. At one time Chief Chikwaka ruled in favour of the respondent. Later headman Chikosha also ruled in favour of the respondent. Headman Chikosha also wrote a letter to the Police confirming... More
This is a court application for an order Actio Communi Divendo. Put simply, any party with an interest in jointly owned property can claim the division of the joint property according to that joint owner’s share in the property. It is a requirement for the division of the joint property that the parties need to try to divide the property among themselves first, before approaching the Court for an action to divide the property, which action is called the actio communi dividendo. See Robson v Theron 1978 (1) SA 841 (A). More
This is an application for condonation and extension of time within which to appeal.
At the hearing, I allowed the parties to argue both the preliminary points and the merits of the application. I, however, indicated that if I determined the matter on the preliminary points, I would not delve into the merits.
On 29 March 2019, the High Court at Harare, in an urgent chamber application for the stay of execution of a judgment brought by the applicant against the respondents, made the following order:
“1. This matter be struck off the urgent roll.
2. Applicant is barred from... More
