Bulawayo High Court - 2004 October

Sort by:

4 judgments

Citation	Judgment date
October 2004
Ndebele v Ndebele (HC 527 of 2003) [2004] ZWBHC 130 (20 October 2004) Court balanced child welfare and parental access, awarded supervised monthly access and ordered equal division of the matrimonial home. Family law – Divorce – custody of minor children – access frequency and supervised access in best interests of child – distribution of movable assets – award of chattel on balance of convenience – matrimonial home – section 7 Matrimonial Causes Act – equal sharing, valuation, payment or sale order	20 October 2004
S v Chirwa (HC 2191 of 2004) [2004] ZWBHC 124 (20 October 2004) Convictions confirmed, but driving prohibition set aside for failure to conduct mandatory s64(3) inquiry. Road Traffic Act s6(1)(a), s6(5), s64(3) — Criminal Procedure and Evidence Act s271(2)(a)/(b) — mandatory inquiry before driving prohibition — defective record: missing Traffic Accident Book, post-mortem, sketch plan — confirmation of convictions despite procedural defects.	20 October 2004
S v Fikizolo (CRB ENT 1690 of 2003) [2004] ZWBHC 131 (20 October 2004) An agreement for subdivision or change of ownership without statutory permit is void; specific-performance claim dismissed under binding precedent. Town and Country Planning Act s39(1) — agreements for change of ownership or consolidation without permit void — Supreme Court precedent binding — specific performance unavailable for void statutory agreements.	20 October 2004
Noach v Moyo and Anor (HC 2627 of 2003; HC 358 of 2003) [2004] ZWBHC 126 (6 October 2004) Summary judgment refused where landlord’s claim was unclear, included unliquidated damages, and raised material factual disputes. Landlord and tenant — lease expiry and statutory tenancy — summary judgment — liquidated versus unliquidated claims — material disputes of fact — locus standi of deponent under limited power of attorney	6 October 2004