Court Judgements
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The plaintiff and defendant are wife and husband. They married each other in Harare on 23 September 1994 in terms of the marriage Act [Cap 5:11]. The marriage was blessed with two male children Nyasha (born on 12 March 1996) and Hillary (born on 25 October 1998).
On 11 July 2007 the plaintiff issued summons seeking a decree of divorce on the basis of irretrievable breakdown, an order of sharing of matrimonial property, custody of the two minor children, an order of maintenance for the two minor children and that each party bears own costs.
The defendant conceded that the... More
This is an application for vindication. The applicant gives the background to the application in the following terms:-
“4. Respondent was employed by the applicant as a Brach Manager. As part of his
employment benefits,respondent was allocated a motor vehicle for his duties namely a motor vehicle Isuzu Registration Number ABC 4719. The enjoyment of usage of this vehicle attached to the office holder of Branch Manager for the applicant.
5. Respondent’s contract of employment was terminated on 29 September 2009 following disciplinary proceedings. An appeal was lodged. The respondent has an appeal pending in the Labour Court where he... More
The appellant appealed against conviction and sentence on a charge of rape, for which he was convicted and sentenced by a Regional Magistrate sitting at Harare Regional Court. He was sentenced to 12 years imprisonment of which 3 years were suspended for 5 years on conditions of good behaviour. More
On 1 may 2003 the applicant entered into a lease agreement with the first respondent in respect of the ground floor of premises known as Building No. 3 Located on Lots 24 and 26 Arundel Office park, Norfolk Road Mount Pleasant, Harare (the property). The lease agreement was for a period of three years, terminating on 30 April 2006. The lease agreement was, in terms of clause 2, renewable. Clause 2 of the lease agreement provides as follows:-
“2 LEASE
2.1. The Lessor lets to the Lessee who hires the premises for the lease period.
2.2. At lease three calendar... More
The applicant company is the former owner of a certain piece of land known as Elsinora, situate in the Mazowe district. This property is also known as “D” section of Forrester Estate. It is common cause that this property has been acquired by the Statein terms of s 16B of the Constitution of Zimbabwe. In its founding affidavit sworn to by its Finance Director, PhilimonMugari, the applicant has averred that the property had not been acquired by the State. At the hearing of this application counsel for the respondent Advocate Uriri, conceded that the property had indeed been acquired by... More
In this urgent chamber application the applicant seeks a provisional order in the following terms:
“1. TERMS OF FINAL ORDER SOUGHT
1.1. The provisional order be and is hereby confirmed
1.2. That the respondent shall pay costs of suit.
2. INTERIM RELIEF GRANTED
A “Mandament van spolie” be and is hereby granted restoring the “status quo ante” which prevailed prior to the 1st October 2010 to the respondent’s occupation of a piece of land known as Elsinora, situate in the district of Mazowe, and that such restoration be achieved by the eviction of the respondent, his possessions and all persons... More
The appellants were convicted of contravening section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Each of them was sentenced to four years imprisonment of which one year was suspended for five years on condition of good behavior. Another one year was suspended on condition that each appellant restituted the complainant in the sum of US$7 600 by 31 February 2010. More
