This is a claim based on the controversial and often emotive delict of adultery. Its controversy stems from the fact that its continued retention on our books has courted support and opposition alike in almost equal measure. Whereas its proponents justify its retention on the basis that it is an important safeguard to the sanctity of marriage and resonates with the nation’s culture and mores, its opponents on the other hand argue that the delict is antiquated and is completely out of sync with the current permissive and liberal society and above all discriminatory and therefore no longer serves any... More
1. This is an appeal against sentence only.
2. The appellant was convicted of rape as defined in S 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to twenty years imprisonment of which three years imprisonment was suspended for 5 years on the usual conditions of good behaviour, to leave an effective custodial term of seventeen years imprisonment.
3. The trial court rejected the appellant’s defence that the act of sexual intercourse was consensual. Aggrieved with the conviction and sentence the appellant sought leave to appeal the conviction and sentence out of time and... More
: For wanting to be declared the lawful holder of rights, title and interests in the property known as stand number 6387 Retreat Waterfalls Harare, and for first respondent to vacate the said stand to give applicant vacant possession, applicant approached this court in terms of section 14 of the High Court Act [Chapter 7:06] (THE ACT) applying for a declaratur. More
The dispute before me stems from a misunderstanding between the applicant and the first respondent over an agreement signed on 22 May 2018 between the applicant and the government of Zimbabwe represented by the first respondent. The “Memorandum of Agreement” (“the MOA”), which is the subject of this litigation appears on pages 112-127 of the record marked Annexure “F”. The agreement sets out the terms and conditions governing the funding of a bankable feasibility study for the Kondo and Chitowe dams Multi-Purpose Project. In brief, the Kondo and Chitowe dams Multi-Purpose Project is a major water infrastructure initiative on the... More
This application for contempt of court was made, in terms of r 79 of the High Court Rules, 2021. The respondent is Zimbabwe Revenue Authority (ZIMRA) and Commissioner General of the Zimbabwe Revenue Authority (N.O.). On 5 July 2021, in an appeal under HC (CA) 354/19 (judgment HH 347-21), MUZOFA J in favour of the applicants was granted as follows:
“Accordingly, the appeal is hereby upheld:
The sentence imposed by the court a quo is set aside and substituted as follows:
1. $2000 in default of payment, 10 months’ imprisonment. The 228 boxes of cigarettes are forfeited to the State.... More
On 12th September 2018 the plaintiff issued summons against the defendants in which he claimed the following:-
“(a) An order that the will declared deemed (sic) to have been attested to by the late Anna Musakanda on 31 December 2013 be and is hereby declared null and void on the basis that it was not her intention that her property be distributed as they have been indicated (sic) in that will after her death.
b) An order that the plaintiff be declared the rightful beneficiary of a piece of land known as Lancashire 434 in the district of Charter held... More
This is an application for a declaratur. Such an application is provided for under s 14 of the High Court Act, [Chapter 7:06]. The background facts giving rise to the application are not in dispute. They can be summarized as hereunder.
The applicant was on 23 August 2019 and by issue of the Letters of Administration appointed the Executor Dative of the deceased estate of the late Mapfumo Kunaka who died at Harare on 3 November 2001. The estate file reference issued by the first respondent is DR 1467/16. The applicant was however removed as executor dative of the said... More
