The applicants seek an order against the first respondent, which, in their draft order, is couched in the following terms:
“1) It is declared that WINSTON MASOWANI is the duly appointed Bishop of MOROTASHI APOSTOLIC CHURCH in terms of the provision of Article 8.1 (i) (a) –(f) and taking over the leaders (sic) of the Church following the demise of BISHOP AARON KAWANZARUWA.
2) The purported appointment of KURAI CHIKONYORA as the new Bishop of MOROTASHI APOSTOLIC CHURCH be declared to be in violation of the provisions of Article 8.1. (i) (a) – (f) of the MOROTASHI APOSTOLIC CHURCH Constitution... More
This is an application for default judgment. Respondent/defendants failed to enter appearance to defend plaintiff`s suit. In considering the default application, I noted a number of issues on the papers and invited comment from applicant council. Counsel duly obliged with written and oral submissions. Hereunder are the reasons for my ruling.
[ 2] I must, at the outset, tender my apologies to applicant and counsel. This matter has taken unduly long to finalise. It was but a chamber application. It ought to have been earlier disposed of. Regrettably, the matter was improperly cued up with other business on diary. Appropriate... More
The plaintiff and the defendant are husband and wife who were married in terms of the then Marriage Act [Chapter 5:11] on 22 November 2005. Two children were born to their marriage and only one is still a minor, namely Selmah Kupakwashe Mushangidze born on 9 May 2012. The parties are agreed that their marriage has irretrievably broken down to the extent that there are no prospects of restoration of the marriage relationship to its normal state. They are agreed too that custody of the minor child should be retained by the respondent with the plaintiff exercising access rights the... More
This is an application for rescission of a default judgment made in terms of r 27 of the High Court Rules 2021. The background is that on 3 November 2021, the first respondent instituted eviction proceedings under case number HC 6085/21 to eject the applicant from a property known as No. 17 Ridgeway North, Colne valley Harare (“the property”). The application was opposed and the matter was eventually set down for hearing on 2 June 2022 before MANGOTA J. Despite being served with papers, the applicant did not appear on the date of hearing, and the learned judge granted a... More
The applicant is facing a charge of murder in contravention of section 47(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant denies the charge of murder but admits that he stabbed the complainant leading to his demise. Applicant avers that he shall tender a plea of not guilty to the charge of murder, but will plead guilty to the lesser charge of culpable homicide. Applicant has filed an application for bail pending his trial. He indicates that he is a suitable candidate for bail. The state is opposed to the application and avers that if granted bail... More
This is an application for the registration of an Arbitral award granted in favour of the Applicant against the Respondent for the ejectment of the Respondent from certain premises and payment of several amounts of money by an Arbitrator. This application was filed with this Division of the High Court on 12 August 2022. The application is opposed. More
This is a bail application in terms of section 50 (1) (d) of the Constitution of Zimbabwe Amend No. 20 as read with section 117 of the Criminal Procedure and Evidence Act.
Allegations are that applicant murdered the deceased by kicking him on the head with booted feet repeatedly. Applicant is jointly charged with 5 others who were all granted bail with the consent of the respondent. During submissions, it emerged that the only reason why the respondent is differentiating applicant’s case is that the applicant was seen by at least two witnesses kicking the deceased on the head. While... More
