The brief background giving rise to these applications are as follows, on 10 December 2020, first, second and third Respondents instituted summons for defamation against Applicant under case number HC 7528/20. Applicant then raised an exception and a special plea in bar in those proceedings, which Justice Manzunzu dismissed. Aggrieved by the dismissal, applicant made an application for leave to appeal to the Supreme Court which application was dismissed by MANZUNZU J in default. Applicant then approached the Supreme Court under SC 143/23 which application was later withdrawn. Applicant then made another application under SC 274/23 which was struck off... More
The plaintiff in the main action instituted summons against the respondents seeking a declaratory and consequential relief. The declaratory claim was for the nullification of the agreement of sale between the 1st and 2nd defendant, as well as, the registration of stand 174 Banket Township, Banket into the 1st defendant’s name. In addition, the plaintiff sought the upholding of the plaintiff’s agreement of sale and the restoration of the property into the into the original owner’s name, Cleopas Hove, upon the reinstatement of the late Cleopas Hove’s Deed No 4439/97, alongside other ancillary issues. More
This is an appeal against the whole judgment of the High Court (the court a quo) dated 29 November 2023 in which it granted the respondent’s application for the eviction of the appellant from a property known as subdivision C of Lot 6 of Lots 190,191,193,194 and 195 Highlands Estates of Welmoed also known as No 41 Ridgeway North Highlands, Harare, hereinafter referred to as the property. More
The parties were married on 5 December 1998 under the then Marriage Act [Chapter 5:11] now [Chapter 5:17].
Plaintiff’s evidence was that he moved out from where he was residing with defendant as he saw no reason to stay, for defendant was adulterous and the two were no longer living as husband and wife.
Defendant on the other refuted the allegation of adultery. She is however agreeable to a decree of divorce being granted. There is only one issue that stands to be resolved namely whether or not Stand Number 6033 Westlea, Harare is matrimonial property. If so how should... More
This is a court application for a Declaratory Order and Consequential relief made in terms of s 14 of the High Court Act [Chapter 7.06] in which the applicants seek an order couched in the following terms:
That the decision of the second respondent to sell late David Govere’s private property namely Number 52 Hessel Road, Borrowdale, Harare, through a skewed private treaty to an interested party be declared unlawful.
That the Surety Agreement relied upon to regard the late David Govere as a co-principal debtor to COLDRAC Products (Pvt) Limited and the attachment of his personal private property be... More
During their life time, Simon Kubvaruno Nhema (Simon) and his wife Lizie Nhema (Lizzie) were the registered owners of an immovable property known as Lot 5 Sunninghill of Willsgrove, measuring 8,6321 hectares. The property is registered under Deeds of Transfer numbers 2770/85 and 03321/21. Lizzie died in 2005 and Simon died in 2008. The deaths of Simon and Lizzie ignited a wave of appointment of executors, which appointments are the underlying cause of this litigation. On one hand the second respondent contends that on 8 January 2018 and in terms of Letters of Administration number D.R.B.Y. 20/18 he was appointed... More
The respondent in casu argued that the application is improperly before the Court because there is no resolution filed by the applicant authorizing the deponent to the founding affidavit to file the affidavit on behalf of the applicant company. More
