The matter at hand is centred on a piece of land Subdivision 2 of Lot 12 of Lot 15 NRA, Mwenezi, Masvingo (hereinafter called the land) that was compulsorily acquired under the Land Reform Programme and leased to the applicant.
The first respondent is the previous owner of the said land.First respondent has refused to vacate the said piece of land resulting in his prosecution on a charge of flouting the Gazetted Land(Consequential Provision Act [Chapter 20:28]. He was found guilty and sentenced to a fine. He appealedagainst that decision and the High Court reserved judgment on the case.
The... More
This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal. These are they:
Applicant is on remand on a charge of rape which occurred in 2021. He is alleged to have forcibly had sexual intercourse with the complainant who is a juvenile. Applicant is also alleged to have stuffed complainant’s mouth with a piece of trousers to prevent her from screaming for help. In April 2022 complainant revealed the matter to her sister who informed her mother. A report was made to the police and applicant was arrested on 7 May... More
This is an Urgent Chamber application for a stay of Execution in which the Applicant is seeking relief on the following terms;
“A. TERMS OF THE FINAL ORDER SOUGHT
1. The notice of seizure and attachment issued by 3rd Respondent under case number HC4098/20 for the transfer of US$66 000.00 from Applicant’s BancABC’s account number 56277276633013 into 3rd Respondent’s account be and is hereby set aside.
2. 1st Respondent’s decision to freeze Applicant’s account be and is hereby declared to be unlawful.
3. The 1st, 2nd and 3rd Respondents shall pay the costs of suit on an attorney and client... More
This is an application for a declaratory order and consequential relief in the form of specific performance. The application is opposed. The order sought is in the following terms;
1. the application is hereby granted.
2. It is hereby declared that:
2.1 a valid agreement of sale entered into in 2017 exists between the Applicant and Respondent over Stand 815 Sumben of Sumben Housing Project, Mount Pleasant, Harare, measuring 2,000 square metres (‘the stand’ or ‘property’); and
2.2 The applicant has a contractual right to specific performance of the agreement of sale. More
Applicant indicated that he was approaching the court in terms of s 25 of the Administration of Estates Act and High Court Rule 449(a). Section 25 of the Administration of Estates Act deals with the appointment of an executor. Applicant is not seeking the appointment of an executor. Rule 449(a) dealt with the correction, variation and rescission of a judgment obtained erroneously, in the absence of the affected party. The application was filed on 3 January 2022. Applicant ought to have referred to section 29 of the 2021 rules, Statutory Instrument 202 of 2021. Considering that both parties were not... More
Plaintiff married defendant at Mutare in terms of the Marriage Act, [Chapter 5:11] on 30 August 1994. On 13 June 2017 he caused summons for divorce and ancillary issues to be issued. There are no minor children. Parties agree that the marriage relationship between them has irretrievably broken down to an extent that there is no hope of restoration of a normal relationship. During the duration of the marriage the parties acquired an immovable property being Stand 5216 Zimta Park, Mutare. The parties have agreed that in the event of a decree of divorce being granted by this court the... More
