This is an application for review of the decision of the first respondent herein (the Master) in accepting the will of the late Haggai Morel Mubariki who passed away on 8 January 2021. The review application is brought by his widow, Silence Mubariki, with whom the deceased had a civil marriage. More
The plaintiff and the defendant are husband and wife who were married on 31 July 2015, in Harare, in terms of the then Marriage Act [Chapter 5:11]. The marriage was blessed with two children being Elianna Tadiwa Ruwodo (born on 8 February 2017) and Alayna Atipa Ruwodo (born on 5 March 2021). The marriage relationship has fallen on unhappy times leading to the institution of these divorce proceedings. More
A convicted killer, who, by all accounts, should have received a stiffer penalty if not the ultimate one, but for the generosity of the trial court which suddenly became unbelievably lenient despite the prosecution’s pleas for a sentence of life imprisonment, appealed against the sentence of seventeen years imprisonment. The sentence was imposed on 7 July 2017.
If ever there was a trifling with an appellate court by a recalcitrant, unrepentant and indeed ungrateful litigant, this appeal deserves a special prize for it. After hearing arguments from the parties, with the appellant self-representing, the court was exceedingly unanimous in its... More
According to the applicant, sometime in 2009, he joined the Chimoyo Housing Cooperative Society in order to secure a residential property. Prior to the applicant joining the Chimoyo Housing Co-operative, the applicant averred that in 2008 Chimoyo Housing Cooperative was given a block of stands ranging from Stand Number 6380-6391 Retreat Waterfalls by the then Harare Metropolitan province Resident Minister. The applicant further stated that Chimoyo Housing Co-operative then distributed these block of stands to its various paid up members. The applicant claimed to have been allocated Stand No. 6385 Retreat Farm Waterfalls, (hereinafter called “the property”) in 2014, by... More
The applicant was convicted on his plea on two counts of armed robbery in contravention of s126 (1) (a) of the Criminal Code and one count for unlawful possession of a firearm in contravention of s4 (1) of the Firearms Act (Chapter 10:09). He was sentenced to 7 years imprisonment on each count of armed robbery. Of the total 14 years 3 years imprisonment was conditionally suspended for 5 years. Of the remaining 11 years one year was suspended of condition of restitution. On the third count he was sentenced to pay a fine of $500-00 in default of payment... More
The appellant was employed by Zvese Zvakanaka! Creative Credit as a Sales Representative. On four occasions the appellant misrepresented to the complainant Creative Credit that some three (3) customers had purchased certain products from the company, when in actual fact the goods were taken by the appellant. Appellant would forge clients’ signatures on the “Application Form” enabling deductions to be effected. More
In summary, the facts which culminated in the application in casu are that, the applicant and the respondent entered into an agreement of sale in respect of Stand Number 1244 Good Hope Township of Lot 16 of Good Hope, measuring 2035 square metres. In terms of the agreement, the respondent sold the property to the applicant for US$45 000.00, who paid US$32 500.00 towards the purchase price. The applicant averred that the outstanding sum of US$ 12 500.00 was in the custody of her legal practitioners. It was contended that whenever applicant made a payment towards the purchase price, such... More
