Court Judgements
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In July 2009, my brother HLATSHWAYO J, heard an application under case number HC 4327/08 as consolidated with another application under case number HC 2792/09. The parties to those applications were the Diocesan Trustees of the Diocese of Harare (as applicants) and the Church of the Province of Central Africa (as respondents). In this judgment I shall refer to the latter as “the mother church”. In that consolidated application, HLATSHWAYO J made an order declaring Bishop Dr Nolbert Kunonga and six others to be the Diocesan Trustees of the Diocese of Harare, a diocese under the mother church. It was... More
The plaintiff and defendant were married in terms of the Marriages Act [Cap 5:11] at Harare on the 16th January 1997. The marriage still subsists. The defendant is domiciled in Zimbabwe as he was born and bred in this country. Their marriage was blessed with two children who are still minors. The first child was born on 27 August 1997 and the second child on 27 July, 1999. More
The applicant in this matter claims the sum of US$40,000 in terms of a loan agreement concluded with the respondent on 31 August 2010. The respondent was to repay the amount lent by way of four instalments of US$10,000 from September to December 2010. He has failed to do so despite several demands. The applicant seeks repayment of the full amount together with interest, collection commission and costs on a higher scale. More
The appellant was convicted of one count of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] on his own plea of guilty on 8 July 2008. He was sentenced to 36 months imprisonment of which 6 months was suspended on condition of good behaviour. A further 6 months were suspended on condition that the appellant makes restitution in the sum of ZW$5,5 trillion by 31 December 2008 leaving an effective sentence of 24 months upon his compliance with the stated conditions. He appealed against both conviction and sentence. More
Articles 34 and 35 of the Arbitration Act ( Cap 7:15 ) ( the Act ) provide as follows;- More
The applicant seeks summary judgment for the eviction of the respondent and all those claiming through him from house number 1294 Mutufu Circle, Chiwaridzo Township, Bindura (“the house”) and costs of suit. More
This is one of several similar matters in which the applicant is seeking the eviction of its former employees from company houses on the basis that the former employees were mere tenants whose employment has since terminated. The former employees, just like the respondent herein, argue that the applicant sold the houses to them. More
