this case the spouses got married in October 1983 in Harare at the ages of 25 years old and 23 years old, respectively. The spouses were both in formal employment when they got married and spent the rest of their married lives in formal employment. The husband then deserted the family sometime in November 1999 or September 2000, after 17 years of marriage. As from that period the parties never reconciled nor resumed staying together as husband and wife until the time of divorce.

At the time when the husband deserted the spouses’ matrimonial home the parties had bought two immovable properties. The one property being a fully developed house in the suburb of Mandara in Harare, the other being an undeveloped stand also in Mandara. The parties were in agreement regarding the distribution of the movable property hence there was no need for the court to deal with that aspect of the divorce. It however, came to light during the divorce proceedings that the husband had, after deserting the family, sold the undeveloped stand in Mandara and utilised the proceeds by himself to the exclusion of the wife. On the other hand the wife remained raising the children and servicing the mortgage bond on the matrimonial home all by herself.

The court upon considering all the circumstances of the case awarded 100% of the matrimonial home to the wife. The court amongst other things took into consideration the fact that the wife had remained supporting the children and paying their school fees all by herself, and the husband had infected her with an incurable sexually transmitted diseases. Additionally, the duration of the marriage as well as the wife’s age were also taken into account, in that she had reached an age where she could not be expected to work and buy another property as she had almost reached retirement age. Therefore, the husband was ordered to transfer his 50% share in the immovable property to the wife.

BY: LACTRICIA MUMBA
LLB HONOURS (cum laude) (NELSON MANDELA UNIVERSITY)
LLM CANDIDATE- Sexual and Reproductive Rights (UNIVERSITY OF PRETORIA)

FOR: MESSRS COGHLAN AND WELSH LEGAL PRACTITIONERSClick To Read The Full Case

It is to avoid the drastic remedy of winding up when a company is in financial difficulties due to mismanagement or some other cause, and there is a reasonable probability that under carefully controlled management it will surmount its difficulties.
Judgment No. HB 83/13
ZIMBABWE INTERNATIONAL TRADE FAIR COMPANY
Versus
VIKING PLASTICS (PVT) LTD
AND
BONGANI NDLOVU N.O
IN THE HIGH COURT OF ZIMBABWE
MUTEMA J
BULAWAYO 4 APRIL, 2013 AND 25 APRIL 2013Click To Read More

and no such articles shall be returned except by the Commissioner General acting in accordance with the Act or by order made by a court of appropriate jurisdiction in which the person from whom the articles have been seized has instituted separate civil proceedings for their return.
ZIMBABWE REVENUE AUTHORITY
versus
SIKHANYISIWE MPOFU
AND
CHRISTIAN NDLOVU
and
T. TASHAYA N.O
HIGH COURT OF ZIMBABWE
MATHONSI J
BULAWAYO 15 AND 21 APRIL 2016Click To Read More

NATIONAL RAILWAYS OF ZIMBABWE
CONTRIBUTORY PENSION FUND
versus
EKUTULENE INVESTMENTS t/a
WALKERS PUB AND RESTAURANT
and
WAYNE ALLAN JONES
HIGH COURT OF ZIMBABWE
MATHONSI J
BULAWAYO 15, 16 AND 24 MARCH 2016Click To Read More

IN THE HIGH COURT OF ZIMBABWE
CHEDA AJ
BULAWAYO 6 FEBRUARY & 14 MARCH 2013
Miss L. Chipateni for the applicant
N. Mangena for 1st respondent
No appearance from 2nd respondent
Opposed Review Application
CHEDA AJ: This is an application for review of the decision made by the City of Bulawayo (the respondent) against the applicant.
The applicant applied for, and was allocated an industrial stand by the respondent on 27 January 2011. The stand was number 15357, Kelvin North, Bulawayo.Click To Read More

ALECS HWEKWETE
And
JUDY HWEKWETE
Versus
RENAISSANCE MERCHANT BANK LTD
IN THE HIGH COURT OF ZIMBABWE
NDOU J
BULAWAYO 25 & 26 JANUARY 2012
G. Nyoni for applicants
P. Ncube for respondents
Urgent Chamber Application
NDOU J: The applicants seek a provisional order in the following terms:
“Terms of the final order sought
That you show cause why a final order should not be granted in the following terms:
1. The sale in execution of immovable property namely Lot 8 of Lot 37A Lochview situate in the district of Bulawayo measuring 5 427 square metres in pursuance of the judgment under case number HC 237/11 be and is hereby stayed pending the final determination of case number HC 221/12 and the subsequent applicant for suspension of sale of an immovable property.
2. The 1st respondent pays the costs of this application.Click To Read More

TRIANGLE LIMITED
Versus
ZIMBABWE REVENUE AUTHORITY
IN THE HIGH COURT OF ZIMBABWE
NDOU J
BULAWAYO 14 DECEMBER 2010 AND 10 FEBRUARY 2011
N Mazibuko, for the applicant
P. Ncube with Ms S. Ncube for the respondent
Urgent Chamber Application
NDOU J: The applicant seeks a provisional order in the following terms:
“Terms of final order sought
That you show cause why a final order should not be made in the following terms:
1. That it be declared that the respondent’s assessment dated 7th July 2010 for the tax payable of US$822 379,12 be and is hereby deemed to have been received by the applicant on 25th October 2010.Click To Read More

STEWARTS AND LLOYDS (PRIVATE) LIMITED
VERSUS
MORRISON MASHOKO
IN THE HIGH COURT OF ZIMBABWE
CHEDA J
BULAWAYO 22 SEPTEMBER 2008 AND 6 NOVEMBER 2008
Ms N NDlovu assisted by Mr P Ncube, for applicant
Mr V. Majoko for respondent
Contract
Summary Judgment
CHEDA J: This is an application for summary judgment.
The salient facts of this matter which are largely common cause are that
respondent who is a former employee of applicant offered to sell applicant an IT
Windmill for $1.2 million.Click To Read More

DONALD IAN PIKE
Versus
ELJON BAKERY (PVT) LTD
And
DEPUTY SHERIFF – BULAWAYO
IN THE HIGH COURT OF ZIMBABWE
NDOU J
BULAWAYO 29 NOVEMBER 2002 AND 25 MARCH 2004
K Phulu for applicant
N Siphuma for respondent
Opposed Application
NDOU J: The applicant seeks an order in the following terms:
“It is ordered that:
1. First respondent be and is hereby ordered to take reasonable steps to effect transfer into the applicant’s name within (14) fourteen days of this order being served on it;Click To Read More

(1) SARAH NDLOVU (2) COMLOC (PRIVATE) LIMITED v
(1) MOFFAT NDLOVU (2) SIPHOSETHU MAGONYA
SUPREME COURT OF ZIMBABWE
SANDURA JA, MALABA JA & GWAUNZA AJA
BULAWAYO, NOVEMBER 25, 2002 & MARCH 28, 2003
W Sansole, for the appellants
P Dube, for the respondents
MALABA JA: On 9 September 1999 the High Court granted judgment against the appellants in an action in which the respondents claimed an order that the appellants jointly and severally pay to them the sum of $66 632.59, toClick To Read More

THANDIWE DUBE-MAVANKENI v (1) DONALD DONATI VUNDLA (2) THE REGISTRAR OF DEEDS, BULAWAYO
SUPREME COURT OF ZIMBABWE
HARARE, FEBRUARY 23, 2011
H Zhou, for the applicant
R Moyo, for the first & second respondents
Before CHEDA AJA: In chambers in terms of r 31 of the Supreme Court Rules.
This is an application for leave to appeal out of time.Click To Read More

ELIZABETH READ
VERSUS
MAIKOL PHIRI
AND
JENNIFER PHIRI
AND
REGISTRAR OF DEEDS
HIGH COURT OF ZIMBABWE
CHEDA J
BULAWAYO 28 AND 31 MARCH 2011
Miss E. Sarimana, for the applicant
N. Mlala, for 1st and 2nd Respondents
JUDGMENT
CHEDA J: This is an application for the confirmation of a provisional order granted by this court on the 15th of March 2006.
The interim relief granted was couched as follows:Click To Read More

KALAYI SIKHAPHAKHAPHA NJINI
AND
BERTHILDE JULIET NJINI
AND
SOLWAYO NGWENYA
AND
BULAWAYO CITY COUNCIL
IN THE HIGH COURT OF ZIMBABWE
CHEDA J
BULAWAYO 24 NOVEMBER 2011 AND 1 DECEMBER 2011
Mr Z Ncube for 1st and 2nd applicants
Mr P Ncube for 1st and 2nd respondents
Urgent Chamber Application
CHEDA J: This is an urgent application seeking to suspend the construction and development of a maternity and gynaecological clinic or medical suite at stand number 18 Hillside, Bulawayo.Click To Read More

Donald Donati Vundhla

Versus

Alick William Thabani Dube

And

The Registrar of Deed of Bulawayo

 

IN THE HIGH COURT OF ZIMBABWE

NDOU J

BULAWAYO 17 FEBRUARY 2006 AND 12 APRIL 2007

Opposed Application

Ndou J: On or about 7 March 2000 the applicant bought from the first respondent a vacant and undeveloped piece of land Lot 5of Lot 6B for the sum of $80.000,00 payable in cash against transfer. The purchase price for that piece of land was paid to first respondent in full by applicant. To facilitate the sale, first respondent, as the owner of Lots 5 and 6 of Lot 6B of Riverside Estates, had to subdivide the piece of land to come up with one that he sold the applicant.Click To Read More

GILBERT MAKUYANA
And
ALBERT MUZONDIWA KADHUZE

Versus
STANDARD CHARTERED BANK OF ZIMBABWE
And
SWELUMUZI MPOFU
And
THE SHERIFF OF ZIMBABWETHE SHERIFF OF ZIMBABWE
And
THE REGISTRAR OF DEEDS, BULAWAYO

Opposed Matter

NDOU J: The applicants seek an order in the following terms:

“It is ordered that:

1. The sale of stand number 458 Kensington Township, Bulawayo to the 2nd respondent which was conducted by public auction by the 3rd respondent and [sic] the 1st respondent’s instance be and is hereby set aside

Click To Read More

NHLANHLA NDLOVU
Versus
MELITAH MAPHOSA
IN THE HIGH COURT OF ZIMBABWE
CHIWESHE J
BULAWAYO 16 OCTOBER 2003
R Moyo-Majwabu for the applicant
N Mathonsi for the respondent
Opposed Matter
CHIWESHE J: In this matter the salient facts are common cause. They are as follows:
One Mguni the registered owner of stand number 5206, Gwabalanda, Bulawayo sold this property to the respondent in terms of an agreement of sale entered into on 13 January 1997. The respondent took occupation in January 1997 and as of 30 August 1997 she had paid the purchase price in full.Click To Read More

DAIRIBORD ZIMBABWE LTD
Versus
LITGHTON TRADING (PRIVATE0 LIMITED
IN THE HIGH COURT OF ZIMBABWE
CHIWESHE J
BULAWAYO 2 OCTOBER 2003
J Tshuma for applicant
Ms P Dube for respondent
Opposed Matter
CHIWESHE J: The applicant company seeks an order couched as follows:
“A. The franchise agreement entered into between applicant and respondent in or around December 1999 be and is hereby declared lawfully cancelled;
B. Respondent and all those claiming through it be and are hereby ordered to vacate forthwith:-
(i) The depot premises at number 9 Wilcania Street, Kwekwe;
(ii) The depot premises at number 11 Wilcania Street, Kwekwe; and
(iii) The house at number 9 Norfolk Drive, Fitchlea, Kwekwe.Click To Read More

CAROL ANN CORREIA
Versus
NICOLIA FOSTER AND 3 OTHERS
IN THE HIGH COURT OF ZIMBABWE
CHEDA J
BULAWAYO 25 MARCH 2004
Adv. Colegrave for the applicant
K Phulu for the respondent
Judgment
CHEDA J: Applicant seeks an order of this court to fully authorise her to enter premises of 2nd respondent and also that 1st, 3rd and 4th respondents be directed to give applicant immediate access to all records including all financial records of the 2nd respondent from 1998 to date.
The historical background of this matter is a sad scenario of the Correia family. Applicant was married to Jose Graca Correia for 11 years and divorced in 1981. Two children Michelle and Miguel were born out of this union. The said children, together with their father have since died.Click To Read More

Applicant filed an urgent chamber application for a provisional order to first and second respondents to give it access to and use of certain hunting facilities referred to as the Dela Pool Area, Matebeleland North.

I dismissed the application with costs and indicated that the reasons for the decision would follow.Click to Read More

NOBUHLE NANASI NCUBE APPLICANT
AND
CBZ BANK LIMITED 1ST RESPONDENT
AND
THE SHERIFF FOR ZIMBABWE 2ND RESPONDENT
AND
BULAWAYO REAL ESTATE 3RD RESPONDENT
IN THE HIGH COURT OF ZIMBABWE
MATHONSI J
BULAWAYO 4 JULY 2011 AND 7 JULY 2011
Mr L Nkomo for applicant
Mr P. Ncube for 1st respondent
Urgent Chamber Application
MATHONSI J: The applicant is one of the two people who signed an acknowledgement of debt as sureties and co-principal debtors on 6 April 2009 binding themselves for a loan advanced by the first respondent to Balemu Safaris (Pvt) Ltd. The applicant also consented to the registration of a mortgage bond against her title to stand 108 Mahatshula Township of stand 1 Mahatshula Township Bulawayo as security for the debt.Click To Read More