CHAREWA J: The general rule in matrimonial matters is that each party pays their own legal costs unless the loser has behaved unreasonably, in which case the court may order costs against them. However, where a party is unable to afford legal representation in circumstances where they have reasonable prospects of success and the other party can afford it, a party may seek a court order against the other party to pay costs pendent lite.[S67 High Court Rules 2021. See Dube (Nee Msimanga) V Mavako-Dube HB 78/06 . See also Chinyamakobvu V Chinyamakobvu 2014 (1) ZLR 509 and Alban Gerard... More
This is an application for leave for direct access to the Constitutional Court. The application has been filed in terms of s 167(5) of the Constitution of Zimbabwe, 2013, (“the Constitution”) as read with r 21(2) of the Constitutional Court Rules, 2016 (“the Rules”). If granted leave to access the Court directly, the applicant intends to bring an application under s 85(1) (a) of the Constitution, seeking the setting aside of the judgment of the Supreme Court in Dolosi & Ors v The State SC 98/23 on the premise that it infringed two of his fundamental rights, namely the More
Applicant applied to this Court for the rescission of a default judgment. The application was made in terms of Section 92C of the Labour Act Chapter 28:01 as read with Rule 40 of the Labour Court Rules, 2017. Respondents opposed the application.
After hearing oral argument the court upheld respondent’s point in limine and struck out applicant’s answering affidavit which had been filed without the Court’s leave per Rule 14 (5). More
This is an application to demolish a structure erected on stand 6860, Chiwaridzo 3, Garikai, Bindura. The application is premised on an order in case number HC 1355/20, which provides thus:
i. Application be and is hereby granted.
ii. The applicant be and is hereby declared the rightful allottee and owner of rights and interests in stand number 6860 Chiwaridzo 3, operation Garikai / Hlalani Kuhle, Bindura.
iii. The applicant be registered against the register of stand owners in records of 2nd respondent against stand number 6860 Chiwaridzo 3, operation Garikai / Hlalani Kuhle, Bindura.
iv. The first respondent shall... More
This is a composite application for condonation and extension of time within which to file an application for Leave to Appeal to the Supreme Court and an application for leave to appeal to the Supreme Court.
This Court rendered a judgment on 22 April 2024 in which it dismissed Applicants’ appeal against the decision of the Designated Agent. In terms of the Labour Court Rules, 2017, Applicants were supposed to have filed an application for leave to appeal to the Supreme Court by 22 May 2024. They did not. More
DUBE J: This is an application for cancellation of a title deed issued pursuant to a default judgment which has since been rescinded. Albeit the 1st respondent not having opposed the application for rescission, still insists that title remains in his name pending litigation in the main, to determine to whom ownership should lawfully vest. More
This is an application brought in terms of s 167 (2) of the Constitution of Zimbabwe, 2013 (“the Constitution”). The applicant seeks a declarator that the President failed to fulfil a constitutional obligation within the contemplation of the Constitution when he removed the applicant from the office of Judge of the High Court on 17 June 2021. The removal was pursuant to what the applicant considers was an invalid and unlawful recommendation by a tribunal appointed by the President to look into the question of her removal from office. The applicant further seeks, as consequential relief, an order setting aside... More
