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After hearing argument in the above matter I dismissed the application with costs and indicated that my reasons would follow. I now set them out.
On 25 October 2004, the applicant filed a court application seeking an order compelling the respondent to pay to it a sum of $96 410 250 being damages for lost income over three months, the sum of $83 215248-75 being arrear fees for services rendered and the sum of $52 500 000 representing damages suffered as a result of the alleged breach of contract. More
The plaintiff and the defendant were married in Harare on 25 April 1998. Their marriage was solemnized in terms of the Marriages Act [Chapter 5:11], then Chapter 37. Prior to that, the parties were in a customary union the rituals of which were performed in or about October 1997. The parties have one minor child, a son, Tanatswa, born in April 1998. More
On 19 October 2005, applicant was convicted, on his own guilty plea, of culpable homicide. The facts of the matter are that the applicant was driving an omnibus along the Centenary-Mazowe Road carrying passengers when he was involved in an accident resulting in the death of the now deceased. Applicant was sentenced on 21 October 2005 to 12 months imprisonment of which 6 months imprisonment was suspended for 5 years on condition of good behaviour. His licence was cancelled and he was barred from driving all classes of motor vehicles for a period of 18 months. More
The plaintiff married the late Alexander Mukondiwa in terms of the Marriage Act [Chapter 5:11] in 1987. Prior to his marriage to plaintiff the late Alexander had married the 1st defendant on 1997 and that marriage was solemnized in terms of the then African Marriages Act [Chapter 238] now Customary Marriage Act [Chapter 5:07]. Plaintiff believed this marriage had in fact been formally dissolved. In truth and in fact, it had not. More
This is an appeal against the conviction of the appellant on one count of rape by the Regional Magistrates Court, sitting at Bindura. The appellant, who was legally unrepresented, pleaded not guilty to the charge. He was convicted and sentenced to a term of 8 years imprisonment of which a period of 2 years was suspended on condition of good behaviour. More
The above matter came before me on the unopposed roll. I raised certain issues with the plaintiff’s legal practitioners and requested for a supplementary affidavit and heads of argument to be filed in the matter. This has since been done.
The plaintiff is a trust, whose trustees at the time of the institution of the above action were given in the declaration. The nature of the trust and whether it is a non- profit making trust were not disclosed in the papers before me. I also overlooked directing the plaintiff to deal with this issue in its supplementary papers. More
The dispute between the parties is concerned with a share certificate in the name of Gilbert Muponda of ENG. On 18th February 2004 this Honourable Court granted an order in favour of the applicant as against the said Muponda, one Nyasha Watyoka and ENG Asset Management (Pvt) Ltd. In terms of the order aforesaid Watyoka and Muponda were held personally liable for all debts and liabilities due by the asset management company to the applicant. This court also ordered that the personal properties of the two be sold in execution for the due payment of the amount of $499 782... More
