Court Judgements
the 25th of August 2021, I dismissed the appeals lodged by the appellants in this case against refusal of bail. My finding was that there was no misdirection on the part of the court a quo. The appellants have requested reasons for the dismissal of their appeal.
Background Facts
The appellants were arraigned before Mbare magistrates court facing a charge of unlawful entry into premises in aggravating circumstances as defined in s 131 (a) the Criminal Law (Codification and Reform) Act [Chapter 9:23] as read with s 131 (2) (e ) of the said Act.
It was alleged that on... More
This is an urgent chamber application. The applicant applies to stay execution of certain property belonging to the Estate Late James Robert Dambaza Chikerema (“Estate Late James Chikerema”) attached by the second respondent at the instance of the first respondent. The applicant is the executrix dative of the Estate Late James Chikerema. The first respondent is the executrix dative of the Estate Late Charles Kufahakurotwe Chikerema (“Estate Late Charles Chikerema”). She is thoroughly ill-advised. She is flogging a horse that has been dead more than twenty years ago. This sort of thing happens if lawyers abdicate their responsibilities and begin... More
The plaintiff and defendant are husband and wife. The parties were married on 2 September 2000. They were blessed with three children, O, F and A, all of whom are still minors. Certain unhappy differences have arisen in the marriage and the plaintiff has instituted this action for divorce. Pre-trial conferences which were held before this trial, resulted in the execution of a joint pre-trial conference minute in which it is recorded that the parties are agreed that their marriage has irretrievably broken down to the extent that there are no prospects of the restoration of a normal marriage relationship... More
On 17 July 2016 this Court issued an Order pursuant to an application for quantification by the Applicant. The Respondent has requested for reasons for the order. It is my sincere hope that the request has been made in earnest as this matter has been pending finalisation for a very long time indeed. More
In this opposed application a maternal grandmother seeksaccess rights to her grandchild. The minor child at the centre of the dispute resides with his paternal grandparents while attending school and resides with the father on holidays and weekends. The mother to the minor child is resident in Mozambique and is not one of the parties involved in the application.The minor child central to the dispute is Nathaniel Siyaka Tabaniewho was born on 18 October 2011 (hereinafter called the minor child).The applicant is the minor child’s maternal grandmother. First respondent is the minor child’s biologicalfather. Second andthird respondents are the minor... More
On the 25th October 2013 this Court delivered a judgment allowing an appeal against an arbitral award which was in favour of the applicant.
Aggrieved by the judgment, Applicant then filed this application for leave to appeal to the Supreme Court. In terms of Section 92F (1) of the Labour Act [Chapter 28:01] appeals to the Supreme Court against a Labour Court decision shall be premised on a question of law. More
The plaintiff issued summons seeking transfer of Stand 3976, 59th Street, New Canaan, Highfield, Harare. The house is the subject matter of a long standing dispute between two families. It is common cause that the house is registered in the name of the second defendant Grace Mandaza and her late husband Joel Mandaza. However, it is the circumstances under which it came to be so registered that have caused the dispute to be placed before this court. More
