Disputes arising from affairs of deceased estates are common and this is one of them. Wilfanos Gabriel Mashingaidze died intestate on 25 November 2013. He left behind, among other properties, a farm known as Glasalla (the farm) in Darwin district measuring 1105,9293 hectares. It is this farm which is now the centre of dispute with the plaintiff, Martha Wazili, (Martha) claiming half share of it. On the other hand the 4th defendant, Chengeto Mashingaidze (Chengeto) contests the claim and has asked the court to dismiss the plaintiff’s claim with costs. Chengeto has also in an earlier court application in case... More
This application was placed before me on 2 February 2022. I set it down for hearing on 7 February 2022. Due to circumstances which I shall explain later in this judgment, I postponed the matter to 8 February 2022. After hearing submissions from counsel on a preliminary point raised by the first respondent’s counsel, I struck the matter off the roll of urgent matters and ordered Mr V Moyo and Mr Chivaura both of Chivaura and Associates to pay the first respondent’s costs of suit on the attorney-client scale de bonis propriis the one paying the other to be absolved.... More
This is an appeal against conviction and sentence. The appellant was convicted of the offence of theft by false pretences under the old law. He was sentenced to 24 months imprisonment of which 6 months imprisonment was suspended for five years on condition that during that period he does not commit an offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. The effective sentence was therefore 18 months imprisonment. The appeal is opposed by the respondent. More
The background to this matter explains the very long and elaborate draft order. These background facts are based on the applicant’s version, which is this: the applicant and 1st respondent were known to each other as client and legal practitioner since 2005. The 1st respondent is a legal practitioner and senior partner practicing under Dube-Banda, Nzarayapenga and Partners. The 1st and 2nd respondents are shareholders in the 3rd respondent. The 1st respondent pitched a proposal to the applicant to invest in the 3rd respondent and the applicant duly invested US$400 000 but in the form of a loan. This investment... More
On 8 July 2022 at Total Service Station Rusape, Manicaland, all three applicants were found by detectives being in possession of a dead pangolin in contravention of s 45 (1)(b) of Parks and Wild Life Act, [Chapter 20;14]. S read with SI 70 of 2020. The applicants were using a silver Toyota Baby Quantum belonging to second applicant. All three applicants were lured by police detectives who posed as potential buyers. The pangolin was stashed in 10kg polythene bag behind the driver’s seat. Cellphone umber 0777 925 402 belonging to first applicant was used to communicate with the potential buyers... More
This is an application for a compelling order of the transfer of property namely a certain piece of land situate in the District of Salisbury called Stand 4008 Prospect Township of Stand 104 of Prospect measuring 1 848 square meters (One Thousand Eight Hundred and Forty –Eight square metres), the applicant bought from the first respondent. In short this is an application for the firstrespondent to be compelled to give the applicant vacant possession of the above –mentioned property More
This is a court application for a declaratory order and consequential relief in which the following order is sought:
“IT IS ORDERED THAT:
1. The applicant be and is hereby declared the rightful holder of cession rights, title and interest in stand number 2599 Phase 4 Caledonia Ruwa.
2. Consequent to the declaration in paragraph (1) above, the respondent and all those claiming occupation through her be and are hereby ejected from stand number 2599 Phase 4 Caledonia Ruwa.
3. Ist respondent to pay costs of suit on a legal practitioner client scale.” More
