2. The dispute in this matter revolves around the question of the right to rule the Chimombe clan. The wrangle highlights the issue which has been vexing the court a quo for some time. Various decisions have emanated from the High Court on whether or not they have the jurisdiction to determine matters relating to chieftainship disputes.
3. The appellant was appointed as Chief Chimombe in terms of the Traditional Leaders Act [Chapter 29:17]. The date of his appointment is not apparent from the papers. He is currently the substantive Chief Chimombe. In 2010, following the appellant’s appointment as Chief,... More
The parties entered into an instalment sale of a residential stand situate at Rydale Ridge Park being Stand Number 3047 on 7 September 2018. The purchase price was US$18 500.00 payable on the following terms: US$5 000.00 deposit and US$563.00 per month paid over a period of 24 months beginning on 1 October 2018.
If mathematics is still a trusted science, the last and final instalment would have been on 1 September 2020. Key in the agreement of sale and to these proceedings between the parties are clauses (a) and (b) of the Agreement of Sale which read as follows:... More
The Plaintiff issued summons against the 2 (two) Defendants jointly and severally out of this Court. It is seeking specific performance in the form of delivery of 4 (four) brand new Toyota Land Cruiser LC200 motor vehicles which they failed or neglected to deliver despite being paid. Alternatively, payment of a sum of US$633 257.00 payable in its equivalent in the local currency at the official rate being the purchase price for the 4 (four) motor vehicles in question. Leave to amend the claim to reflect the above claim was granted at the pre-trial conference. More
The applicant approached this court by way of a court application seeking the following relief:
Whereupon after reading documents filed of record and hearing counsel,
It is hereby ordered that:
1. The Respondent and all those in possession or control of the attached Motor vehicle, Toyota Hilux, number ACC 9515 through respondent be and are hereby barred from being heard before any court of law in Zimbabwe until such time as they will have purged their contempt of the attachment subject of the writ of execution of the order of the High Court of Zimbabwe, at Harare, in case No.... More
This is a court application filed on 10 February 2017 in which applicant is seeking an order to this effect:-
(a)that first respondent signs all relevant cession papers for stand 13371Nyatsime Low Density Chitungwiza within 7 days of being served with this court’s Order and pass cession to applicant upon payment by applicant of all the requisite cession fees.
(b) that the Deputy Sheriff be authorized to sign all relevant papers for and on behalf of first respondent and submit them to second respondent who is ordered to accept the papers and pass cession to applicant upon payment to second... More
The appellant, a female adult, and the first respondent, a male adult, entered into an unregistered customary union in August 2015 and were delighted to commence living together as husband and wife about October 2015.
During the subsistence of their customary union, they acquired both movable and immovable property including house number 2 Glynde Avenue, Mabelreign Harare which is solely registered in the name of the appellant. The mortgage finance sourced to acquire the house was secured in the appellant’s name and in her account. The first respondent however alleges, with significant assertiveness, that he also directly contributed to the... More
In the court below, the respondent being the plaintiff, (herein referred to as the Trust), issued summons seeking there lease by the defendant, the appellant herein,of 66 x 75 mm gate valves; 9 x 75mm fire hydrants and 2x160 mm gate valves. These were said to have been received by the appellant on behalf of the Trust for onward delivery to Mutare. Alternatively, the Trust had sought as payment of damages,thesum ofUS$7174.00 orits RTGS equivalent,together with interest at the prescribed rate as well as legal costs on a higher scale.In the appellant’s plea to the claim,he had stated that the... More
