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This is a matrimonial matter which was dragged to court clearly because of counsels not balancing the ethical duty of taking instructions from clients, being duty bound to the fellow legal practitioner and being genuine with the court. More
The first respondent is the ruling party in Zimbabwe. The second respondent is a minister of government in charge of primary and secondary education. He is a member of the first respondent. The matter before me was an urgent chamber application by the applicants for an interdict against the respondents. The first applicant is a trade union of primary and secondary school teachers in rural Zimbabwe. It is duly registered. It has corporate personality, capable of suing and being sued in its own name. The second applicant is a teacher. He is the current president of the first applicant. The... More
This is an application for leave to execute pending appeal. On 28 July 2018 I granted an interim interdict in the following terms:
“Pending the final determination of this present case and/or the conclusion of the 2018 election cycle, including any run-off election, whichever comes first, it is hereby ordered:
The first respondent is interdicted and restrained from asking, encouraging or forcing children at schools to attend or to participate in political rallies or activities or causing the closure of schools for any of its political rallies or activities.
The first respondent is interdicted and restrained from compelling teachers to... More
CHIRAWU-MUGOMBA J: Over the years, this court has been inundated with applications for substituted service in matrimonial matters. In most instances, the plaintiff will claim that the whereabouts of the defendant are unknown and they thus seek an order to resort to other means of service of process. The most popular means is publication in a newspaper circulating within Zimbabwe. More
The applicant, Amina Mukuya was customarily married to Austin Mukuya, who died on 15 November 2012 leaving 4 children. Sometime in 1981 the deceased acquired a lease within an option to purchase stand C63 Chegutu Township from Chegutu Municipality. The rental status granted to the deceased was upgraded to home ownership status in 1988. The papers from Chegutu Municipality show that one Imulani Mukuya acquired ownership of the stand in 1993, the record reflects cancellation of 2254/88 and registration of 3169/93 which reflects the names of Imulani Mukuya. Sometime in 2014 Imulani Mukuya sold C63 Chegutu8 Township to the respondent. More
This is an urgent chamber application for an interim order that pending determination of the present matter on the return date the first respondent forthwith delivers to the Sheriff all the machinery and equipment listed in the applicant’s papers and for such machinery and equipment to be kept under the custody of the second respondent with the third respondent exercising supervision over such custody. The final order sought is that pending determination of the application for rescission of judgment instituted by the applicant under Case No. HC 8599/18 the machinery and equipment referred to in the interim relief be “parked... More
This is a claim for damages for interference with a lease agreement in the sum of ZAR 2 620 000-00. The basis upon which the claim is founded is that the defendant unlawfully took possession of a bus which was the subject of a lease agreement between the plaintiff and one Norman Gasa thereby depriving the plaintiff of the rentals which would have been paid to it by the said Norman Gasa who was the lessee. More
