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The above two cases were consolidated by consent of the parties because they are interwoven and related such that the relief sought is substantially the same. The parties are engaged in protracted litigation over ownership, detention, custody and control of church properties located in three dioceses. They have taken each other to Court on numerous occasions without finality to their dispute. More
The first applicant is the Church Of The Province Of Central Africa, commonly known as the Anglican Church. The second applicant is the first applicant’s Board of trustees charged with the responsibility of looking after diocesan property in its Manicaland Diocese. The third applicant is the first applicant’s warden at All Saints Zimunya Church. More
This is a chamber application for condonation for the late filing of an appeal that was filed on 25 February 2011. It was served on the Attorney General on 28 February 2011 whose representative filed a response on 16 March 2011. The response read:
“Be pleased to take notice that it is not intended to oppose the application. The respondent had sight of the respondent’s (sic) reasons for delay. May the relief be granted as per draft order.”
On 25 March 2011 I dismissed the application on the basis that the applicant was in willful default and had no prospects... More
The plaintiff and defendant were joined in holy matrimony on 23 September 1992 at Harare in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. Both of them were born and bred in Zimbabwe hence they are domiciled in Zimbabwe. Their marriage was blessed with two children born on 29 December 1991 and 3 December 1993 respectively.
On 21 August 2002, plaintiff filed a suit for divorce against the defendant. He alleged that the marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects of the restoration of a... More
This is an appeal against the order of the Magistrate in the court a quo. The grounds of appeal are that the learned Magistrate in the court a quo had erred and misdirected herself in not raising meru motu the issue of jurisdiction as the claim was in excess of the jurisdiction of the Magistrates court. It was further contended in the notice of appeal that the learned Magistrate had misdirected herself by failing to appreciate that as Stand 633 Fletcher Road, Norton had been acquired from a previous marriage and had since been sold. Appellant did not own Mitengo... More
This is an urgent chamber application in which the applicant’s legal practitioner raised a preliminary point which needs to be determined before the Court can proceed to hear the preliminary points that the respondents raise. More
The plaintiff issued summons against the defendant claiming payment of US$16 175 740-72 for fees owed by the defendant for professional services at the defendant’s special instance and request in or around 2007. The amount was due and payable sometime around 3 April 2009. More
