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Citation
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Judgment date
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| February 2008 |
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Court postponed divorce for 12 months, finding continued cohabitation suggested reasonable prospects of reconciliation under the Act.
Family law – Divorce – Irretrievable breakdown – Court’s discretion under Matrimonial Causes Act s4 and s5 – Postponement for reconciliation under s5(3) – Relevance of continued cohabitation and conjugal relations.
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27 February 2008 |
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Whether "day" in the Electoral Act’s four-day appeal period includes weekends, rendering the appellant’s appeal out of time.
Electoral law – appeals against rejection of nomination – interpretation of statutory "day" under Interpretation Act s 33 – weekends and public holidays included; High Court Rule r 4A does not apply to statutory time limits; no condonation where statute prescribes strict time limit.
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27 February 2008 |
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Plaintiff barred from challenging lawful acquisition after acknowledging it in a Heads of Agreement; claims dismissed with costs.
Land Acquisition Act – validity of compulsory acquisition – service of acquisition order binds former owner – effect of Heads of Agreement acknowledging acquisition – estoppel by conduct – claims for unlawful occupation and compensation – occupancy under valid contract – credibility findings.
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26 February 2008 |
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Court refused default judgment for a claim based on inflationary revalorization and for unproved damages; absolution granted, leave to amend.
Inflation/revalorization — whether revalorization of debts forms part of Zimbabwean law; Default judgment — limits where claim is legally unfounded or damages unproved; Contract formation — ad idem; Proof of damages — relevance of unrelated contemporary quotations.
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26 February 2008 |
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A statutory tenant who fails to pay rent within the seven‑day statutory period loses protection and can be ejected.
Commercial premises – statutory tenancy upon lease expiry – s 22(2) Commercial Premises (Rent) Regulations – requirement to pay rent within seven days – failure to comply disentitles tenant to statutory protection – tendered counter-offers do not substitute statutory rent – holding-over damages and interest awarded.
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26 February 2008 |
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Appeal dismissed as out of time; urgent application did not interrupt the statutory appeal period, costs awarded on high scale.
Electoral law — Appeals — time limits under s46(19)(c) — reckoning of time — Prescription Act s19(2),(3) — interruption of prescription — High Court Rule 4A inapplicable to statutory time limits — costs on legal practitioner and client scale for unreasonable conduct.
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26 February 2008 |
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Holding company had standing, but tax interest runs from the due date and in duplum does not apply to fiscal debts.
Tax law – locus standi of holding company to challenge withholding of VAT – Interpretation of s71(2) Income Tax Act (interest from date tax due) – In duplum rule excluded from fiscal debts by section 11A – Public policy and uninterrupted revenue flow to fiscus.
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19 February 2008 |
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Applicant’s purported 1990 resignation was invalid; General Court Martial retained jurisdiction and stay of proceedings was refused.
Military law – Jurisdiction of General Court Martial – Validity of resignation from armed forces – Defence Act and Regulations; attestation, resignation procedure, AWOL, delay in prosecution, fair trial safeguards.
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19 February 2008 |
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A Juvenile Court cannot validly vary a High Court custody order; resulting orders were null, appeal dismissed.
Family law – custody – jurisdiction – Juvenile Court’s competence to vary a High Court custody order – orders of higher courts not varied by lower courts except by appeal or review; upper guardian role not a cure for jurisdictional nullity.
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12 February 2008 |
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Urgent challenge dismissed: incorporation by reference of delimitation report in proclamation satisfies s61A(11); no urgency established.
Constitutional law – s 61A(11) – publication of names and boundaries of wards and constituencies – incorporation by reference of delimitation report satisfies publication requirement; Electoral law – urgency of relief; Civil procedure – costs de bonis propris reserved for clear dereliction but ordinary costs awarded to successful respondents.
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11 February 2008 |