On 10 May 2014 plaintiff and defendant were married in terms of the then Marriage Act [Chapter 5:11], now the Marriages Act [Chapter 5:17]. The marriage was blessed with three minor children, Jayden Chikwature, born on 22 May 2012, Joshua Liam Chikwature, born on 12 January 2017 and Jordan Seth Chikwature, born on 8 November 2019. On 11 January 2022 plaintiff issued out summons claiming a decree of divorce and ancillary relief. In his Declaration, plaintiff stated that the marriage relationship between the parties has irretrievably broken down to the extent that there is no reasonable prospect for the restoration... More
On 19 April 2023, the applicant sought condonation for failure to file an application for leave to appeal within the prescribed period and for leave to appeal. The first part of the application is in terms of r 43 (3) of the Supreme Court Rules, 2018. The other part is made in terms of r 60 (2) as read with r 43 (7) of the said Supreme Court Rules and s 92F (3) of the Labour Act [Chapter 28:01] (the Act). It is contested by his former employer, National Foods Limited (the first respondent). More
This is an application for leave for direct access to the Constitutional Court filed in terms of s 167 (5) of the Constitution of Zimbabwe, 2013 as read with r 21 (2) of the Constitutional Court Rules, 2016. The Supreme Court allowed an appeal by the respondent against a judgment issued in favour of the applicant by the Labour Court. If granted leave, the applicant intends to bring an application in the main alleging that the Supreme Court had acted unlawfully in setting down the appeal in the manner it did and thus violated the Constitution. More
This application is a two in one. It is an opposed application for the review of taxation of a bill of costs by the second respondent made in terms of r 56 (2) of the Supreme Court Rules, 2018 (“the Rules”). In opposing the application, the first respondent also filed a counter-application seeking a review of the same taxation and a removal of certain items of the bill allowed by the second respondent. More
This mater came before me as an urgent chamber application. The applicant seeks to interdict the respondents from disposing of an immovable property at the centre of this dispute. The property is 64 Daniel Street Mbare, Harare (the property). The four applicants and second respondent are all grandchildren of the late Thamary Motokari (deceased) whose estate was registered under DR 1071/19 More
The parties herein got married under the Marriage Act [Chapter 5:11] at Harare on 25 November 2006. Three children were born of the marriage namely Ryan Mufaro (born 10 October 2007) Bryan Tinotenda (born 23 March 2009) and Tessa Bryana Nyasha (born 13 September 2023. The marriage suffered a serious setback leading to plaintiff filling summons for divorce. Before filing for divorce the parties tried counselling to no avail. Since July 2020 they have been living separately. According to the plaintiff the relationship took a turn in the negative direction when defendant asked for money from her on her pay... More
The applicant approached this court for a declaratur in terms of s 68 (1) of the Constitution of Zimbabwe as read with s 3(1) of the Administrative Justice Act and r 59(1) of the High Court Rules, 2021. The relief sought is set out in the draft order as follows:
“IT IS DECLARED THAT:
1. Statutory Instrument 10 of 2022 does not apply to a returning immigrant who had purchased his/her vehicle for import on or before the 16th of January 2022, who has been, or is subsequently granted returning resident status.
2. The Applicant is entitled to the immigration... More
