This is an application for condonation of late filing of an application for setting aside an Arbitral Award in terms of Article 34 of the Arbitration Act Chapter 7:15. Both parties travelled an arduous journey to reach where they are today. Numerous judgments by this Court and the Labour Court were penned by different Judges. After a protracted dispute concerning the appointment of an impartial arbitrator to quantify the damages earlier on awarded by Mr M. L. Sibanda, the Registrar of this court was ordered to appoint an Arbitrator from his roll – See HC 1271/19. More
This is an application for condonation of the late noting of an application for review by the applicants of the decision of the juvenile court. This matter appeared before me on the motion roll of the 18th of November 2021 and I declined to grant the order for the simple reason that, no case had been made for the relief sought. The applicants have since requested for written reasons and here are the reasons. More
6. This application will be better understood against the background that follows. On the 18thJune 2015, the 3rd respondent obtained a default judgment for the sum of US$ 18 543.15 together with interest at the rate of 25% per annum and costs on a legal practitioner and client scale against the applicants. It is clear from the papers that the 1st respondent placed the applicants’ immovable property namely Stand 11075 Bulawayo Township of Bulawayo Township lands measuring 1603 square metres and held under Deed of Transfer No. 2440/2005 (the property) under judicial attachment. On two occasions the 1st respondent sold... More
I heard this application on 7 September 2021. I delivered an ex tempore judgement in which I granted the applicant’s application for interim relief.
On 15 June 2022 the second respondent wrote to the Judge President raising concern on my delay in furnishing the first respondent and him with written reasons for my decision. I state, for the avoidance of doubt, that the letter which the second respondent wrote to the Judge President is the only correspondence which is filed of record in regard to his concern. He wrote no letter other than the one which drew my attention to... More
: The applicant is married to second respondent in terms of the Marriages Act [Cap 5:11]. Their marriage is apparently on the rocks. The first respondent was married to the late Tongai Katsande who was second respondent’s brother. The third respondent is cited in his official capacity as the property involved is registered in the name of the late Tongai Katsande. More
On 27 October 2021, the parties argued an application for a joinder before me, and I granted the order sought by the applicant. The brief background is that there is matter under HC 3170/18, which is before this court. On 3 October 2019, the parties appeared before Justice Tagu, who struck that matter (HC 3170/18) off the roll and ordered that an application for joinder of the applicant be filed. The dispute in HC 3170/18 concerns two properties, namely, Stand 48 Aspindale Park Township of Subdivision A of Aspindale Park of Subdivision A and B of Lochinivar, measuring 100,3134 hectares,... More
This is an appeal against an order by the court a quo in which the following order was granted:
“IT IS ORDERED THAT:
1. The applicant be and is hereby granted the right of access to one minor child LEIA MARIA ATHITAKIS born on 21st November 2018 on weekends, that is Saturdays and Sundays from 0900 hours.
2. The right of access shall be supervised by the respondent the mother of the child who shall take the minor child to and from the applicant’s place. The respondent is directed not to interfere with the applicant’s exercise of the right of... More
