Nkomo & Sibanda Legal Practitioners

29/01/2025

We are seeking a highly motivated and enthusiastic student to join our law firm for attachment. Please apply if you are interested in either industrial or graduate internship.

Apply by sending your curriculum vitae, transcript and detailed cover letter to [email protected].

Applications are closing end of day 31st of January 2025.

20/12/2024

To all our clients, colleagues and other stakeholders:
Happy holidays, and thank you for your support!

01/12/2024

You snooze - you lose... and the Principle of Prescription

In Zimbabwe, prescription is a legal principle that sets a time limit for when a legal claim can be brought. The Prescription Act (Chapter 8:11) governs prescription of debts in Zimbabwe. The purpose of prescription is to promote legal certainty and prevent claims from being pursued indefinitely

The case Norris Trust v Muzondiwa (nee Mhaka) and Muzondiwa (nee Mhaka) v Norris Trust and Others (166 of 2024) involves a dispute over the ownership of a property located at No. 2B Flamboyant Avenue, Msasa Park, Kwekwe. The Norris Trust claimed ownership of the property based on a Deed of Transfer and sought the eviction of Mercy Muzondiwa, who opposed the claim by alleging a double sale and forgery of the Deed of Transfer. The court consolidated the two matters and examined the evidence presented by both parties before reaching a decision.

The key points at law on prescription in this case are:
- Commencement of Prescription: The court considered when the prescription period began, which is crucial in determining whether the claim was time-barred.
- Interruption of Prescription: The court examined whether any actions taken by the parties interrupted the prescription period, thereby extending the time within which the claim could be brought.
- Effect of Prescription on Claims: The court analyzed the impact of prescription on the enforceability of the claims, particularly whether the claims were extinguished due to the lapse of the prescription period.

Kabasa J presiding, writes:
"Prescription has the effect of extinguishing the debt.
“… it cannot be denied that society is intolerant to stale claims. The consequence is that a creditor is required to be vigilant in enforcing his rights. If he fails to enforce them timeously he may not enforce them at all.” (John Conrad Trust v Federation of Kushanda Pre-Schools Trust and Ors HH 503-15).""

Read, download and share the fulltext judgement, published on the ZimLII website for free full online access here: eng@2024-11-21" rel="ugc" target="_blank">https://zimlii.org/akn/zw/judgment/zwbhc/2024/166/eng@2024-11-21

www.zimlii.org
Providing free full online access to the Law because Ignorance of the law does not excuse one from its punishment

13/10/2024

21/03/2024

Mandament van Spolie and Childrens Rights to Shelter protected by the Constitution

In Chitsiko and 2 Others v Bergus Investments (Pvt) Limited (85 of 2024) [2024] ZWHHC 85 (7 March 2024), judges Chinamora J, and Maxwell J preside on a case involving evictions and spoliation. It includes the mandament van spolie, a remedy available at law to protect possession of property. The remedy results in the restoration of possession to persons who have been unlawfully dispossessed of their property.

The case provides a key learning point regarding a ground of appeal given as follows:
8 - The court a quo erred and misdirected itself in failing to take into account the best interest of the Appellants’ minor children which ought to have been paramount as this matter concerns children.

The judges rule as follows in response:
"Eighth Ground of Appeal
Appellants argued that the lower court completely ignored and failed to take into account the best interests and rights of their minor children. They referred to s 81 (1) (f) of the Constitution of Zimbabwe which provides that every child has a right to shelter. They also referred to the case of Zimbabwe Homeless People’s Federation and 7 Others v Minister of Local Government and National Housing and 3 Others SC 94/20 in which the Supreme Court confirmed that s 81 (1) (f) of the Constitution of Zimbabwe creates an enforceable and justiciable right to shelter for all children.
Appellants’ reference to the above case does not help their case. The Supreme court stated on p 34 that
“However, the best interest of the child does not necessarily override or trump other rights and interests. The concept of “best interest” is an indeterminable and flexible one that must take its shape and content from the particular circumstances of each given case. To this extent, it is correct to take the view that the paramountcy principle embodied in s 81 (2) as well as the right to shelter guaranteed by s 81 (1) (f) are not unfettered or absolute but are subject to reasonable qualification and limitation where this is necessary and justified”
The presence of children in mandament van spoile proceedings is not a defence that can defeat the cause. If it were, no family with minor children would be evicted and no litigant would win in such proceedings against a family with minor children. I find no merit in this ground of appeal."

Ignorance of the law does not excuse anyone from its consequences.

Read the fulltext judgment here: eng@2024-03-07" rel="ugc" target="_blank">https://zimlii.org/akn/zw/judgment/zwhhc/2024/85/eng@2024-03-07 provided here for free full online access.

Zimbabwe Legal Information Institute is a member of the African Legal Information Institute family of Legal Information Institutes.

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08/03/2024

24/01/2024

Happiest birthday to our Senior Partner Sifisosethu Nkomo may the Lord continue blessing you. We appreciate being led by a man of excellency and whose vision drives us to be the best versions of ourselves. May this be a season of answered prayers Mr Nkomo🥂

20/12/2023

We wish you all a happy and safe festive holiday

08/12/2023

We join the world in commemorating 16 Days of Activism Against GBV. This year's theme is UNITE! Invest to prevent violence against women and girls. We therefore urge everyone to deal and resolve disputes amicably or engage specialists when faced with such. In this flier we have listed types of GBV, If you are unfortunately experiencing these, do not hesitate to SPEAK OUT! and report to your nearest police station.

11/11/2023

A happy birthday to our HRM. We wish you more blessed returns Mr Lament Ngwenya . We appreciate all the efforts that you put in to ensure that we work in a safe space🙏

08/11/2023

Today, We feature Crimes against the Person .
This is a crime that is quite prevalent within our courts.
Enjoy the read and do not forget to like, share, and comment.
JSC BRINGING JUSTICE TO YOUR DOORSTEP!!