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
This matter was set down for hearing a number of times and the hearing could not proceed as expected. Firstly, when we sat to hear the matter on 27 October 2022, the second respondent’s counsel Mr T Mapfuwa took issue with the fact that there were two similar applications before the court, that is, HC 2058/22 and HC 5530/22 both involving same parties, same issues and same relief. The two records were indeed before us. The counsel for This matter was set down for hearing a number of times and the hearing could not proceed as expected. Firstly, when we... More
Applicant was employed by the Respondent as an Engineering Manager. Respondent, initially dismissed Applicant from employment and he approached the Labour Officer. Parties agreed that the purported dismissal was un-procedural and the Labour Officer ordered Applicant’s immediate reinstatement, that is, with effect from 12 May 2023. Respondent proceeded to charge the Applicant with misconduct and a Disciplinary Hearing was set for 30 May 2023. Applicant attended the hearing with his legal practitioners. Applicant’s legal practitioners raised certain preliminary points before the Disciplinary Committee. More
