Court Judgements




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TUTSIRAI ALEC MAGOMO VERSUS MARIA MAGOMO (NEE NDONGA (2011-11-24)
: The plaintiff and defendant were joined in holy matrimony on 4 January 2000 in terms of the Marriages Act, [Cap 5:11]. Both parties are domiciled in Zimbabwe. Their marriage was blessed with two children. The first child was born on 3 October 1993 and the second child was born on 11 May 1998. The parties had initially married under customary law in 1992. After a period of about 15 years living together the plaintiff sued for divorce alleging that the marriage had irretrievably broken down in that:- • The plaintiff and defendant have not lived as husband and wife... More

U-TOW TRAILERS (PVT) LTD VERSUS CITY OF HARARE AND SUPERLUX TRAILERS (PVT) LTD (2011-01-19)
This is an application for leave to execute the judgment granted in case No. HH 103/09 pending an appeal noted by the 2nd respondent against the judgment. More

UPPERCLASS ALARMS AND SECURITIES (PRIVATE) LIMITED AND JEROME OKEKE VERSUS QUEEN OF KINGS ENTERPRISES (PRIVATE) LIMITED AND DEPUTY SHERIFF AND MESSENGER OF COURT (2011-08-12)
The second applicant is the managing director of the first respondent. The first respondent is a duly incorporated company in terms of the laws of Zimbabwe. The first respondent is also a duly incorporated company in terms of the Laws of Zimbabwe. More

URMILLA USHA GIGA VERSUS ALBION PROPERTIES AND MESSENGER OF COURT HARARE AND APPLISET INVESTMENTS (PRIVATE) LIMITED (2011-12-02)
The applicant was the first respondent’s tenant at number 5 Albion House, 74 Harare. She was evicted from the premises without being given 48 hours notice as provided by r 4A (1) of Order 26 of the Magistrate’s Court (Rules 1980). She seeks an order of this court reinstating her into the premises pending the hearing of her application for the condonation of her late noting of an appeal against the decision of the magistrate on the strength of which the first respondent evicted her from the property. More

UWE VON AHN VERSUS ALICE DZVANGAH N.O. AND NANCY KADANDARA AND MASTER OF THE HIGH COURT N.O. AND THE REGISTRAR OF DEEDS N.O (2011-09-18)
This is an opposed application for a declaratur wherein the applicant seeks an order in the following terms:- “IT IS DECLARED AND ORDERED AS FOLLOWS: 1. All assets acquired whether jointly or separately by the applicant and his deceased wife the late Susan Von Ahn (nee Hlongwane) who died at Harare on 15 January 2010 shall be amassed into one joint estate. 2. Within thirty (30) days from the date of this order, or such longer period not exceeding thirty (30) days as the third respondent may allow, the first respondent shall file with the third respondent an inventory of... More

VALERIE MAKONI AND WILFORD MAKONI (2011-06-02)
The plaintiff and defendant were married in terms of the Marriages Act, [Cap 5:11] on 8 December 2000. They had commenced living together as husband and wife in the year 1998 on a date they were not agreed on. On 15 October 1998 they had married under customary law. Their marriage was not blessed with any child. In October 2008 plaintiff brought this action seeking a decree of divorce and an equitable distribution of assets she alleged the couple had accumulated. She alleged that the marriage had irretrievably broken down to an extent whereby there was no reasonable prospect of... More

VICTORIA FOODS (PRIVATE) LIMITED VERSUS TRINPAC INVESTMENTS (PRIVATE) LIMITED AND MEDWORTHS PROPERTIES (PRIVATE) LIMITED (2011-03-10)
According to the applicant the background facts to this matter are as follows: On 21 June 2010 the first respondent, represented by its chief executive officer, signed an acknowledgment of debt in favour of the applicant in the sum of US$418 400-00. The debt had arisen on account of the supplies of the applicant’s products at the request of the first and second respondents. During the period 6 June 2010 and 1 September 2010 a further debt of US$267 260-00 was similarly incurred. The total debt then became US$685 659-98 (inclusive of the amount secured under the acknowledgment of debt).... More


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