This is an opposed application wherein, applicants seek rescission of a default judgment of this court under case HC199/22, delivered on the 24th of November of the same year. It has been brought in terms of rule 29 (1) (a) of the High Court rules, 2021. The justification being that, applicants were interested parties with direct and substantial interest but were not made part to the lawsuit with adverse consequences. More
The applicant and the respondent are embroiled in divorce proceedings in which the respondent is the plaintiff, and the applicant is the defendant. On the 10 January 2023, the applicant delivered a notice of intention to amend its plea which was objected to by the respondent on the 19th of January 2023. The amendments sought to be effected are set out as follows:
“A. By the addition of paragraph 6.3.1 to the defendant’s plea, which will read as follows:
6.3.1. As a result of the aforesaid, it would be just and equitable that she be awarded total ownership of the... More
This is an application for condonation of the late filing of an application for review.
The brief facts are as follows. Applicant was in the employ of the Respondent. He fell ill and was granted sick leave in October 2018. After the initial three months on such leave, Applicant was granted a further three months as provided in the Act. Applicant did not report for duty at the end of the second period. Respondent wrote to Applicant in June 2019 informing him that his employment was being terminated with effect from the end of that month. Applicant thereafter filed a... More
It is alleged that the accused, a decorated member of the police force, in the company of more than nine other police officers responded to a report that had been made one, Steven Chidhumo, that the now deceased had threatened him with a spear. From the facts it is common cause that the police’s main mission on the day in question was not solely to investigate the said report but to make a follow up on several others as they had no station vehicle. In that respect, they capitalised on the availability of a vehicle on the day in question.The... More
This is a court application to sell assets of companies under judicial management in terms of section 307 of the Companies Act [Chapter 24:03]. As I waded through the application, it became apparent that the application was brought in terms of s 307 of Companies Act after its repeal. Consequently, I dismissed the application and directed the applicant to pay first respondent’s costs. More
This is an application for a declaratur to the effect that the applicant’s customary marriage to the Late Wilfred Mandizvidza is valid for the purposes of the Administration of Estates Act [Chapter 6:01]. More
The plaintiff issued summons on 15 October 2021 for the sharing of movable property only, under general law on the basis that though he had an unregistered customary law union with the defendant, their lifestyle was more in accordance with general law. The movables he wanted allocated to the defendant included two chairs, a kitchen table, a 5 kg gas canister; a two plate gas stove, a DSTV decoder, curtains, blankets, a sewing machine and a three quarter mattress. To himself he wanted to be allocated 2 chairs, a 32 inch television, a solar panel, a solar battery, a 20... More
