The applicants had their property itemised in the draft order seized by the police pending the criminal proceedings in the Magistrates Court at Mount Darwin. The applicants had mounted a similar application before this court under case number HC3678/21 which the applicants failed to prosecute within the prescribed time frames. This saw the dismissal of the application for want of prosecution filed under case number HC 3731/22 by the respondents. The basis for the present application, according to the applicants is that the goods specified in the draft order are unlawfully held by the police. The applicants further alleged that... More
This is an application for the rescission of a default judgment of this court under case HC69/22 of the 16th of June 2022. It has been brought in terms of rule 29 of the 2021 High Court Rules. The averments are that the default judgment was granted in the absence of and without the citation and incorporation of applicant who is an interested party. Applicant alleges that the action summons in case HC69/22 where only served on the 3rd respondent who in turn did not oppose, hence the default order. More
This is an appeal against the whole judgment of the Magistrate Court sitting at Chitungwiza on 7 June 2023wherein the court awarded the custody of the parties minor child, a son, to the appellant’s estranged husband. The child in issue is called Colt Anopaishe Chaza born on 30 October 2013. He is currently in boarding school in Macheke and is in 5th grade. More
On 12 January 2023, I delivered an order in favour of the applicant validating the title deed issued under Deed of Transfer No. 4106/2010. The first and fifth respondents requested for the reasons of the order. Thus, this judgment is an exploration of the reasons for the 12 January order. More
The parties in this matter were married on the 27th of September 1997. There are two children born out of the marriage both of whom are now majors. On 4 October 2021 Plaintiff issued out summons claiming a decree of divorce and ancillary relief. The Defendant entered an Appearance to Defend and subsequently filed his plea to the Plaintiff’s claim. More
The financial policies adopted by the Zimbabwean government in 2019 leading to promulgation of Statutory instruments that affected mode of payments and even the currency to be used in Zimbabwe continue to dodge these courts. Despite a pronouncement by the Supreme court particularly in the Zambezi Gas case and several other cases litigants continue haggling on the manner in which debts have to be paid and the currency to be used. In this matter the Sheriff of the High Court has become embroiled in a dispute between the warring parties regarding the execution of a writ, whether the writ in... More
