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Harare High Court - 2006 December

4 judgments
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4 judgments
Citation
Judgment date
December 2006
S v Ziwonde (CA 815 of 2006) [2006] ZWHHC 18 (31 December 2006)
A notice of appeal failing to state the relief sought is incurably defective and leads to the appeal being struck off the roll.
Civil procedure – Appeal – Notice of appeal must state exact relief sought – Defective notice of appeal is incurably bad and cannot be validated by later grounds or heads – Proper remedy is application for condonation and filing a proper notice – Litigant bears consequences of attorney’s negligence.
 31 December 2006
Beckford v Beckford (HC 3480 of 2003) [2006] ZWHHC 124 (19 December 2006)
Court grants divorce, awards custody to mother, permits UK relocation, penalizes husband for non‑disclosure and apportions assets accordingly.
Family law — divorce; custody — sole custody to mother where acrimony, mistrust and lack of cooperation render joint custody impracticable; relocation — leave to remove children to UK; matrimonial property — adverse inference for failure to make full and frank disclosure; court retains jurisdiction over division of foreign-held assets; costs including expert fees awarded to successful party.
 19 December 2006
Zimbabwe Banking Corporation Ltd v Trust Finance Ltd & Anor (HC 4961 of 2005) [2006] ZWHHC 130 (19 December 2006)
Review of taxation dismissed: attorney authorised; Taxing Officer not clearly wrong; application dismissed with costs.
Civil procedure — Review of taxation — Rule 314 governs taxation reviews; Rule 257 not applicable — Authority of legal practitioner to depose on behalf of litigant — Standard for interfering with Taxing Officer (gross unreasonableness/clearly wrong) — Costs consequent to postponement — Discretion on higher scale and de bonis propriis costs.
 19 December 2006
Dobrock Holdings (Pvt) Ltd v Turner & Sons (Pvt) Ltd & Ors, Turner & Sons (Pvt) Ltd v Zambezi Paddle Steamer (Pvt) Ltd (HC 5264 of 2005) [2006] ZWHHC 128 (5 December 2006)
Specific performance refused as sale agreement involved illegal foreign payment; company provisionally wound up for deadlock and mismanagement.
Contract law – sale of shares – time for performance, mora ex persona – demand required before rescission; Exchange Control Regulations – payment outside Zimbabwe by resident company – illegality and unenforceability; Company law – just and equitable winding up – deadlock, mismanagement and diversion of foreign currency; Recusal – prior arbitrator role not disqualifying absent confidential information.
 5 December 2006