This is a court application for the granting of a declaratory order. The brief background to this matter is that the applicant and the late Tongai Maxwell Katsande were brothers and Fadzai Katsande was wife to Tongai Maxwell Katsande. Tongai Maxwell Katsande died on 23 February 2007. His wife Fadzai Katsande was appointed executor dative for his estate. In this estate was an immovable property, stand number 14478 Zengeza 3 Chitungwiza (hereafter called the property) which upon the winding up of the estate, was awarded to Fadzai Katsande, in her personal capacity. More
This is an appeal against a determination by the Chief Designated Agent of the Negotiating Committee of the National Employment Council for the Commercial Sectors of Zimbabwe( NECCSZ) which set aside a decision of the Local Joint Committee (of the NECCSZ) and ordered the appellant to reinstate the respondent with no loss of salary or benefits. This aggrieved the appellant leading to the present appeal . Three grounds of appeal are raised. These are that (i) the Negotiating Committee erred and misdirected itself in finding that the respondent was not dishonest and yet it was proven that he had deliberately... More
On 8 September 2012 Plaintiff and Defendant married each other at Masvingo Sports Club. The marriage was blessed with two children Nathan Magaya, born on 5 July 2014 and Sean Magaya, born on 22 October 2016. On 2 November 2020, Plaintiff issued out summons claiming a decree of divorce and ancillary relief. More
At the onset of oral argument in this Court appellant raised 4 (four) points in limine which respondent opposed. The points shall be dealt with ad seriatim. More
This is an application for condonation of the late filing of a Notice of Appeal. It is which cause that the Applicant didn’t file an affidavit but his legal practitioner did this on his behalf. The first issues raised by Respondent’s counsel is that the legal practitioner, who de… to the Founding Affidavit could not appear on behalf of the Applicant as he assured the complexion of a witness. Mr Chipere attempted to play down the issue. However, it is quite clear that Mr Chipere having sworn to the Founding Affidavit would not proceed to appear on behalf of the... More
On 15 July 2021 this court under Case No. HC 369/20 delivered a judgment by consent obliging the plaintiff to vacate a piece of land identified as subdivision 3 of Cambria farm situate in Masvingo upon the expiration of 6 months’ notice commencing the date of the issuance of the consent order. In return, the defendant was required to compensate the plaintiff for the value of the improvements effected on that property which value was to be determined by Great Zimbabwe Realtors. The evaluation was done and the value of the improvements was given as $30 500. Of that amount... More
This appeal is against the decision of the Concession Magistrates Court which was sitting as an appeal court against the decision of Chief Negomo. In the Chief’s Court the respondent herein had approached the court complaining that appellant was annexing portions of his land and allocating it to other people. The Chief found in the respondent’s favour concluding that he was within the confines of the land that had been allocated to his grandmother and which had passed on to the respondent when his own father died. Displeased with this verdict, the appellant had approached the magistrate court to hear... More
