This is an application for custody and sole guardianship of a minor child. Applicant is the biological mother of three minor children subject of this matter. First respondent is the biological father. The minor children were born on 1 October 2009, 30 June 2012 and 1 May 2017, out of a marriage contracted on 3 August 2015. Applicant stated in the founding affidavit that the first respondent and herself started staying together as husband and wife in terms of an unregistered customary law union in 2008. Divorce proceedings are pending and the issue of the custody of the minor children... More
This is an appeal against the whole judgment of the High Court (“the court a quo”) sitting at Harare, dated 19 October 2022 dismissing the appellant’s claim for specific performance of a verbal contract it had entered into with the respondent, alternatively, if specific performance is no longer feasible, cancellation of the contract and an award of damages for breach of contract. More
This matter was struck off the roll on 17 October 2023. Appellant’s legal practitioners have requested for reasons therefore. This Court makes the observation that these reasons were only requested after an application for reinstatement of this matter was also struck off the roll on 21 March 2024 as being improperly before the Court. However, the following are the reasons as requested by the Appellant’s legal practitioners. More
This is a chamber application for condonation of non-compliance with the rules and extension of time within which to apply for leave to appeal to the Supreme Court made in terms of r 64 as read with r 43 (3) and r 60 (2) of the Supreme Court Rules, 2018 (“the Rules”). More
Please take note that the final order on the last page being page 13 of the judgment handed down on the 26th of June, 2024 under reference LC/H/279/24 carries the following omissions;
i. For the purpose of clarity, point number (v) shall be inserted into the judgement as the final point in the order and it is to read;
“(v) The decision by the Disciplinary Authority be and is hereby upheld
in its entirety.” More
This is an application for condonation for the late filing of an application for review. Should this application succeed, the application intends to seek a review of the decision of the 1st respondent rendered on the 1st of September 2022. In that decision 1st respondent declined to entertain the dispute between the applicant and the 2nd respondent on the basis that a determination over the same dispute had already been rendered in March 2014 (which case was captioned as Dispute/Falcon Gold 1 D Stoddart/2014) hence there was no need to re-open it. More
The applicant has now approached the Court with an application for condonation of the departure from the Rules in terms of rule 5(1) (a) of the Constitutional Court Rules, 2016 (“the Rules”). In addition, the applicant seeks authorization of the issuance of a certificate of service in respect of the service of the application under CCZ 3/24 upon the Attorney General, that the Registrar rejected. More
