Court Judgements
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On 23 February 2007, I delivered a hand written judgment after hearing the parties’ submissions in chambers. I made the following order:
“1. The Respondent, his family, workers and agents are hereby ordered to return to the Applicants the keys and locks to all sheds, barns, workshops, residences and pump houses pertaining to the buildings on the 376 hectare piece of land occupied by the Applicants in the Headlands area of the Makoni District (which land is hereinafter called “the farm”).
2. The Respondent, his family workers and agents are hereby ordered to restore Tsitsi Musariri and her children to... More
On 3 October 2005, the plaintiff lodged with the Registrar of this court an urgent application for interim custody of her son Brandon. On 4 October 2005 a certificate of service was filed by the legal practitioners of the plaintiff confirming that service had been effected at the respondent’s residence. I enrolled the matter for 6 October 2005. At the appointed time there was no appearance by the defendant and I therefore issued a provisional order in terms of which the applicant was given immediate custody of the child. When the order was served on him, the defendant then filed... More
The appellant is the leader and founding member of the Johanne Masowe Church in Marondera a well known religious sect, whereas the complainant is the daughter of his former aide one Perekedzai Rafirakumwe Ziumo. More
On 30 August 2005, the plaintiff issued summons against the defendants, praying for an order declaring them to be the lawful owners of certain immovable property in Glen Norah, Harare. The plaintiffs also sought an order declaring the cancellation by the third respondent of the cession of rights to them in the property by the estate of the late Jusa Chipira null and void. The summons was duly served on the defendants, neither of whom entered an appearance to defend the action. In due course, the requisite dies induciae having expired, the plaintiff filed an application for default judgment in... More
At the commencement of these proceedings, the plaintiff abandoned its claim against the 2nd defendant. There was no proof of service on the 2nd defendant. The plaintiff indicated that she would pursue the action without the 2nd defendant. The 1st defendant submitted that it would no suffer any prejudice and therefore did not object to the matter proceeding without the 2nd defendant. More
The plaintiff in this matter claims the repair and delivery of his Audi 200 motor vehicle or, in the alternative, payment in the sum of $900 million as damages in respect of the replacement value of the vehicle. The defendant disputes liability on the main and alternative claim and, in any event, invokes the owner’s risk disclaimer clause in the repair contract as absolving it of any liability to the plaintiff. More
The plaintiff’s claim as amended is for an order declaring as null and void and of no force and effect an agreement of sale entered into by and between 1st and 2nd defendants in respect of Flat F209 Bubi Court, Eastview Gardens, Eastlea, Harare. The property is situated on Stand 18336 Harare Township, in the District of Salisbury. The second order sought is for specific performance, directing 1st defendant to take all the necessary steps and sign all the necessary documents to effect registration of transfer into the plaintiff’s name within 14 days of the tender of payment to it... More
