This is an application for rescission of a consent order made in terms of rule 449 (1) (a) of the High Court Rules, 1971 (which were then applicable) where the applicant who is the husband of the now deceased, Millicent Tutsimane Tandile Akinjide-Obonyo, seeks an order against her estate represented Clever Mandizvidza the duly appointed executor. The relief sought is the following: More
1. This case concerns the liability of the Reserve Bank of Zimbabwe, [the RBZ], following the failure of Interfin Bank Limited [Interfin], a bank under its supervision. The subject of liability of financial supervisors charged with supervision of a failed bank poses intricate legal issues, particularly because, their exercise of public power raises both delictual and administrative liability issues. Owing to a different liability regime concerning public bodies, liability of central banks poses problems for application of ordinary principles of delictual liability. The statutory provisions in central bank legislation which make provision for their immunity complicates the whole matrix, safeguards... More
I have before me an application for vindication and eviction of the first respondent and all those claiming title through him from the property known as, the subdivision of Stand 1 of Gletwyn, Township, measuring 540 square meters (“the property”). The applicant says that he purchased the property in issue from the second respondent through his daughter who he alleges signed the agreement on his behalf. The applicant further alleges that the first respondent who bought a subdivision of the remainder of his property built a perimeter fence which is encroaching onto his property hence this application to restore him... More
On 16 June 2022 a default judgment was granted in case number HC 4678/10 in the following terms; -
a. A decree of divorce be and is hereby granted.
b. Immovable property House number 421 Hobhouse Mutare together with household goods and effects are hereby awarded to the plaintiff.
c. Stand number 5070 Chikanga 3 is hereby awarded to the defendant.
d. Each party to bear its own costs More
This case has become one of preliminary points. After disposing of the appellant’s preliminary points the respondent came up with its own preliminary point that was not in the notice of response nor in the heads of argument. As a point of law it could not be resisted. The point in law is that the grounds of appeal are new grounds, that they are therefore not permitted. More
This is an opposed court application seeking the cancellation of a mine registration certificate. The applicant avers that, sometime in 1985, he was resettled and allocated a plot measuring five (5) hectares, namely, Plot 19 Village 10, Msengezi Resettlement Area. On p 7 of the record marked Annexure “A” is a letter dated 17 February 2020 from the Department of Agricultural and Extension Services (AGRITEX) which, inter alia, reads: More
Appellant is a maternal grandparent with de facto custody of a minor child born on 22 December 2008, having assumed full responsibility for parenting the child whose mother died in a traffic accident in April 2016. The respondent is the father of the child who sought access to his child from the de facto custodian grandparent. He was granted that access on alternate weekends, from Friday to Sunday, and, for the first two weeks of each school holiday and on alternate public holidays. He was also later allowed to execute that right to access pending appeal. Appellant appealed against the... More
