The David K Law Group
  • ARTICLES

Administration of Deceased Estate

The aggregate of assets and liabilities of the deceased is termed the deceased estate. The deceased estate is not a juristic person. Consequently, the only legal person  in  connection  with  the  estate  is  the  executor  in  his  representative capacity. The estate ā€˜vestsā€™ originally in the Master of the High Court, and subsequently in one or […]

The Requirement to formalize businesses (tuck-shops)

The Government of Zimbabwe is mounting pressure on informal retailers popularly known as tuckshops to formalize their operations so as to enhance Government tax revenues, economic stabilization and growth.  Formal businesses are enduring unfair competition from informal businesses and as a result their survival is at stake and some are shutting down operations. The move […]

PASSING OF OWNERSHIP AND TITLE IN IMMOVABLE PROPERTIES

The differences between title and ownerships Despite their close relationship in relation to property and assets, title and ownership have different legal and practical implications. Title is a formal recognition of an individual’s or entity’s legal claim to property, as demonstrated by papers such as titles deeds or cession title. On the other hand, ownership […]

Car accident damages claim

What are damages? Damages refer to monetary remedies used to compensate an injured party in a civil action. They apply to those who are harmed in contractual relationships as well as those harmed by the negligence of others, as in the case of a car accident. The courts have approached the notion of damages as […]

IMPORTANT THINGS TO CONSIDER WHEN BUYING SUBDIVIDED LAND IN ZIMBABWE.

Sub-divided land is that which has been divided into smaller residential units and it is normally done on land bigger that 5000 square meters in Zimbabwe. The process of subdividing land is done in terms of Part VI of the Regional, Town and Country Planning Act [Chapter 29:12] and subdivision can only occur after a […]

An examination of the similarities and differences between expropriation and deprivation in the context of property law in Zimbabwe.

INTRODUCTION This write up seeks to compare and contrast; expropriation and deprivation terms as they applied in Zimbabwe`s property law regime. Zimbabwe`s constitutional law has largely observed and maintained a distinction in definition, scope and meaning between the terms expropriation and deprivation. A number of cases have been decided clearly expressing the meaning and scope […]

A clarification on the misconceptions around the appropriate tribunal in handling appeals from internal disciplinary proceedings under S.I 15/2006 -[ the Labour (National Employment Code of Conduct) Regulations, 2006.]

Introduction Prior Ā to the Labour Amendment Act 11/23, there was confusion as to which forum had the requisite jurisdiction to adjudicate on the appeals from the internal disciplinary proceedings. This issue had been a grey area for a while, before the latest labour amendment. There had been a host of decided cases ousting Labour Officers, […]

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A Zimbabwean perspective of the concepts of void and voidable marriages and their legal effect.

Definition of terms Void Civil Marriage– A void civil marriage is a civil marriage which has simply never come into existence. The position is exactly as it would have been had the ā€œmarriageā€ never been concluded Voidable Civil Marriage– A voidable marriage is a marriage in which grounds are present, either before or at the […]

Contingency Fee Arrangements in Zimbabwe

An Analysis Contingency fee arrangements, where a lawyer’s fee is contingent upon the success of a case, are a permissible option for legal representation in Zimbabwe. This offers advantages to both clients and lawyers in specific situations, but it’s crucial to understand the legal framework and potential drawbacks. Legality and Regulations: The Legal Practitioners Act […]

Navigating the Complexities of Mining Law in Zimbabwe: A Legal Perspective

Mining plays a crucial role in Zimbabwe’s economy, contributing significantly to the nation’s GDP and employment. However, the industry is also governed by a complex web of laws and regulations designed to protect both the environment and the interests of local communities. Understanding the intricacies of Zimbabwe’s mining law is crucial for anyone looking to […]