First and second plaintiffs Simon and Leah Chayayi (“Mr and Mrs Chayayi”) instituted declaratory proceedings for an order confirming their rights title and interest in an immovable property situate in Mutare.
The action was resisted by first, second and third defendants. I will refer to these as “the Harry Trust”, “Mr. Nhiwatiwa” and “Baxter Paints” respectively or just the excipients. The fourth, fifth and sixth defendants are not participant herein. More
A brief background of this matter is a good place to start. The parties are half siblings. Their dispute revolves around the estate of their late father Wise Kambaurayi Guti who died intestate on 10 February 1996. In his estate was an immovable property, Stand Number 3096 Highfield Township, Harare. The plaintiff was appointed heir to his father’s estate by operation of s 6(2) of the Administration of Estates Act [Chapter 6:01]. Resultantly, the plaintiff inherited the property in his personal capacity and it is now registered in his name under Deed of Transfer Number 7493/2000. More
This application came by way of a summary judgment application as per R 30 of the High Court Rules 2021. The applicants seek in the main the eviction of respondent and all those who claim occupation through him from Ranch 1090 Hampshire Estate Wilshire Chivhu (hereinafter called the farm). More
This is an appeal against the decision of the Labour Officer which was issued on 17 April 2023. The propriety of the appeal has prompted this Court to give reasons why it is of the view that the matter is improperly before the Court. The Court has taken into consideration the issue of the audi alteram patem principle and took the view that it would be unnecessary to receive submissions on the matter. More
The Applicant was employed by the Respondent. In 2022 she held the position of Provincial Manager and was responsible for the Respondent’s affairs in the whole of Matebeleland South Province (the Provincial Office). On 1st October 2022 she was transferred to the respondent’s Head Office in Harare where she held the position of Resource Mobilization Manager. More
This is a court application for direct access brought in terms of s 167(5) of the Constitution of Zimbabwe, 2013 (“the Constitution”) as read with r 21 of the Constitutional Court Rules, 2016 (the Rules). If granted leave, it is the intention of applicant to bring an application under s 85(1) of the Constitution to enforce its fundamental rights under s 61, 64 and 71 of the Constitution. More
The Applicant approached this court seeking an order for the rescission of default judgment entered against it following its former legal practitioners’ failure to file Heads of Argument. More
