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: This is a claim by the plaintiff for payment by the defendants jointly and severally one paying the other to be absolved, of:-
(a) US$257 003, 91, being the capital amount;
(b) US$112 248, 94, being interest;
(c) US$85 220, 43 being penalty charges;
(d) Interest on the sum of US$257 003,91 at the rate of 15%.
The claim arises from a loan advanced to the 1st defendant. More
The plaintiff and the defendant are husband and wife. They married on 7 June 2002 in terms of the Marriages Act [Cap 5:11]. The parties have one minor child Tamika Madalitso Kasambara (born 17 September 2006). The plaintiff has instituted these proceedings seeking a decree of divorce, custody of the minor child and division of their movable and immovable property. At a Pre- Trial Conference before MAKONI J the parties agreed that their marriage had irretrievably broken down. They also entered into a deed of settlement wherein they agreed on the issue of custody and access to the minor child... More
On 23 May 2005, the respondent issued summons out of Marondera Magistrates’ court. Her claim against the defendant, as it appears on the face of the summons, is recorded as “sharing property”. An affidavit was attached to the summons, curiously titled in my view as “Applicant’s supporting affidavit (Property Sharing)”. In the affidavit, the respondent alleged that she was in an unregistered customary union with the appellant and that during the subsistence of the union, the parties had acquired certain household goods and effects. She gave the estimate value of each item that she alleged the parties acquired. She further... More
This application was filed on 19 December 2006 by the widow of the late Abisha Mapenzauswa. She is challenging the validity of the will and last testament of her late husband and its subsequent execution by the first respondent, the testamentary executor.
On 26 October 2000, the deceased executed a will and appointed first respondent testamentary executor. He married the applicant by civil rites on 21 April 2001. He died at the ripe age of 82 on 8 December 2004. His estate was registered with the Master in D/R 171/2005 by the testamentary executor on 12 May 2005. More
This is an application to declare null and void an appeal noted to this court by the respondent under Civ App 89/07. In the alternative, the appellant seeks an order that the appeal be declared to have lapsed. More
The plaintiff operates a butchery from Muzarabani Business Centre in Mashonaland Central. In 2003, he thought of adding to his assets by having a freezer room installed at the butchery. He approached the defendant who in or about September 2003, gave him a quotation for installing a 6x8x8 cubic metre cold room for $13 million. In terms of the written quotation, the plaintiff was required to pay 50 % of the total cost as a deposit and to show confirmation of the order. A deposit in the sum of $5, 4 million was duly paid on 29 September 2003 and... More
The appellant is one determined litigator. His determination appears to be assisted by the fact that he has not engaged a legal practitioner to assist him and the prudence and reticence that is usually borne out of financial constraints not to pursue small claims to the limit appear absent. Also absent is merit in the appeal that he has noted to this court against a decision of the magistrates’ court dismissing his claim. More
