
Kanokanga and Partners is a multi-award-winning law firm with close working and networking relationships with international law firms and organisations in SADC, East and West Africa, Asia, Europe, North and South America. The firm prides itself on its expertise in commercial law, civil litigation, business law, real estate law, and family law.
The law firm provides quality, timely cost effective practical and innovative legal solutions to clients in a variety of industries. The attorneys have over 45 years combined experience in the legal field and possess the expertise to provide top-quality legal services.
The firm's devotion to client satisfaction is evident in the high rate of repeat business it enjoys. The firm's strong relationships with other law firms and its commitment to innovation enables it to provide clients with unique solutions not offered by other law firms.
The firm has a rich history dating back to 1991 and has attained a considerable reputation for its excellence in the legal field. Kanokanga and Partners has been recognised for its work by receiving prestigious awards such as the 2015 African Corporate Excellence Awards.
Practice areas
Family
At Kanokanga & Partners our clients are family and at the heart of the firm we believe in the family unit. Family law is a sensitive and personal area that we address with skill and proficient advocacy. In this regard we provide advice relating to all aspects of family law and our services include but are not limited to; drafting and registration of ante- nuptial agreements, divorce, litigation and settlement, maintenance, adoption, custody disputes, Children’s court, protection orders, children’s rights.
Child and family law encompasses a wide range of legal issues affecting parents and their children. These may include marriage, divorce, adoption and child custody and support. In many cases, these laws are designed to protect the best interests of the child.
One common issue in child and family law is the negotiation of ante-nuptial agreements. These agreements are contracts between spouses that set out how they will handle certain aspects of their relationship if they should later divorce. For example, they may agree on who will have custody of any children and how much maintenance (alimony) one spouse will pay to the other. Although these agreements are common, they can be risky. They may not always be enforceable in court and the laws of some states may not recognize them as valid contracts. The best way to protect yourself is to consult an attorney before signing any such agreement.
Elder Law
At Kanokanga & Partners our staff and lawyers are experienced and capable of dealing with estate planning services. Our firm understands the important reality that death is inevitable and as such we are committed to providing our clients with the most up-todate estate planning information. We provide an assortment of services for clients staying in Zimbabwe or staying abroad. We secure our clients future well being offering knowledge on family trust, estate administration and will writing/registration.
We strive to protect a beneficiary’s assets as well as inheritance. Our estate planning services include but are not limited to; Estate planning Drafting of wills Trust Formation & administration Winding up of deceased and insolvent estates and companies Administration of curatorship estates Administration of testamentary trusts Testamentary disposition, drafting and registration of family trusts.
Real Estate
Real Estate Law gives the legal framework for the transfer of real estate. We at Kanokanga and Partners understand Real Estate Law. Real Estate Law requires that all property transfers, registration and cancellation of mortgage bonds be attended to by conveyancers. Conveyancers are property lawyers.
Conveyancing lawyers offer expert advice and professional services in respect of immovable property. Conveyancing is a legal process whereby a person, company or trust becomes the lawful and registered owner of fixed property. Conveyancing law is concerned with the transfer of legal title of a property from one person to another. The transfer of legal title from one person to another is done by conveyancers. Unless the parties agree otherwise, the seller or transferor appoints the conveyancer.
Conveyancing fees are charged in accordance with a recommended tariff as laid down by the Law Society of Zimbabwe. At Kanokanga and Partners we assist our clients throughout the entire conveyancing journey starting with the conduct of a Deeds office search to confirm any encumbrances that may be registered against the property to the registration of the transfer with the Deeds office. We handle all aspects of conveyancing work.
Our conveyancing and property law services include but are not limited to:
- Conducting Deeds Office searches
- Drafting sale and purchase agreements and relevant legal documents for commercial, industrial and residential conveyancing transactions.
- Reviewing sale agreements.
- Mortgage bond registrations and cancellations.
- Drafting property transfer documents such as the Power of Attorney to Pass Transfer, The Seller’s Declaration, The Purchaser’s Declaration, The Draft Deeds of Transfer.
- Application for rates clearance certificates, Application for Capital Gains Tax Clearance Certificate etc.
- Applications for the replacement of lost Title Deeds and Mortgage Bonds.
- Donation transfers, Estate transfers, Sectional Title transfers, transfer of subdivisions.
- Drafting and review of lease agreements, handling landlord and tenant disputes and evictions.
There are generally no restrictions on foreigners owning immovable property in Zimbabwe. Section 71(2) of the Constitution of Zimbabwe provides that, “every person has a right in any part of Zimbabwe to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others”
Employment & Labor
At Kanokanga & Partners we understand the importance of employment. We have structurally designed our firm to advise clients on all areas of labour related issues ranging from pension law, social security, skills developments, health and safety and more. Our labour lawyers are specialists who work closely with various consultancy based organizations handling various human resource development or human resource management aspects. We advise our clients on the latest legislative changes, debates and changes. We provide specialist services to employers and employees.
Our labour law services include but are not limited to; Chairing disciplinary hearings and employment related enquiries Occupational safety and environmental issues Representation at all levels of hearings Employee retirement policies and general employee rights Training on disciplinary procedures and retrenchments Employee disputes before NEC and Labour Court Employee incentive schemes Health and safety regulations Restraints of trade Termination of employment, retrenchment and redundancy Personal injury and workman's compensation Unfair dismissal Drafting employment contracts Drafting codes of conduct Drafting constitutions Reviewing and advising on collective bargaining agreements Conciliation, Mediation, Arbitration Collective Bargaining Employment Contracts Employment Legislation Disciplinary Investigations / Hearings Pension law Employee Benefits Policy Drafting & Development.
Lawsuits & Disputes
At Kanokanga & Partners our lawyers understand the importance of settling disputes out of court. We encourage clients to adopt such effective alternative dispute resolution techniques such as arbitration especially where clients have a continuing relationship with the offending party. As a result of the time it takes to get to trial, as well as the appeal procedures involved, we regard arbitration as an expeditious and cost effective way of resolving commercial disputes. It is one dispute resolution mechanism which causes minimal disruption to business. We are committed to resolving disputes as efficiently and expeditiously as possible, offering advice that is timely, strategic and commercial .We offer advice, guidance and legal services in amongst others, the following areas:
- (a) Drafting arbitration agreements;
- (b) Representing clients in institutional and ad hoc arbitration proceedings;
- (c) Presiding over arbitration proceedings;
- (d) Publishing arbitration resources;
- (e) Training arbitration practitioners
Kanokanga & Partners has successfully handled disputes arising from, but not limited to:
- Aviation matters;
- Commercial matters;
- Construction disputes;
- Joint venture agreements;
- Mining agreements;
- Real estate matters;
- Sale and purchase agreements; and
- Supply agreements
Davison Kanokanga is the Head of Arbitration. He has been named as one of the leading arbitrators in Africa, in the Legal 500 Arbitration Powerlist: Africa 2021 which listing was based on a comprehensive process analyzing the capabilities of law firms and lawyers across the continent.
Davison, is also a panel member with the following arbitration institutions:
- Alternative Dispute Solutions Centre (ADSC) - Zimbabwe
- Association of Arbitrators (Southern Africa NPC) – South Africa
- Arbitration Foundation of Southern Africa (AFSA) – South Africa
- Chartered Institute of Arbitrators (CIArb) – United Kingdom
- China International Economic and Trade Arbitration Commission (CIETAC) – China
- Commercial Arbitration Centre (CAC) – Zimbabwe
- Mauritius International Arbitration Centre (MIAC) – Mauritius
- SADC Panel of International Commercial Arbitrations – South Africa
In addition to the above, the arbitration team at Kanokanga & Partners are considered some of the foremost practitioners in the country, and have published the following academic texts on arbitration:
- D Kanokanga, Commercial Arbitration in Zimbabwe (Juta & Co, Cape Town, 2020); and
- D Kanokanga & P Kanokanga, UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022).
Not only are some of the key members of the arbitration department leading authors, the members of the arbitration department also contribute and provide practical cross- border insights into international arbitration by contributing to international comparative legal guides. For instance:
- D Kanokanga & P Kanokanga 'Zimbabwe' in S Finizio & C Caher (eds) International Arbitration Laws and Regulations 2021 (Global Legal Group, London, 2021) 376 – 385;
- D Kanokanga & P Pasipanodya, ‘Does a Right to a Physical Hearing Exist in International Arbitration’ in GR Elgueta, J Hosking & Y Lahlou (eds), Does a Right to a Physical Hearing Exist in International Arbitration: General Report (Kluwer Law International, 2021);
- D Kanokanga & P Kanokanga 'Zimbabwe' in S Finizio & C Caher (eds) International Arbitration Laws and Regulations 2022 (Global Legal Group, London, 2022) 379 - 388.
- D Kanokanga, ‘Failure to Submit Statement of Claim: Article 23 of the Model Law: An Analysis of Regal Insurance Company (Pvt) Ltd v Zimbabwe Posts (Pvt) Ltd HH 28 – 22’ in R Chidza (ed) ZimJuris Magazine 2022 (1) page 21 – 22.
Bankruptcy & Debt
At kanokanga, our lawyers have the expertise to help you collect on outstanding debts. We can work with you to create a debt collection strategy that is tailored to your specific needs. We understand the importance of getting your money back as quickly as possible, and we will do everything we can to help you achieve this goal. Debt Collection is the process of pursuing payments of debts owed by individuals or businesses. The process can be conducted by a debt collector, an individual or company hired by the creditor to collect debts, or by the creditor themselves.
The main aim of debt collection is to get the debtor to pay the outstanding amount as quickly as possible. This may be done through negotiation, legal action, or seizure and sale of assets. Debt collectors may also seek to recover costs incurred during the debt collection process. In some cases, debt collectors may harass or threaten debtors in order to get them to pay. This is illegal in many countries, and can lead to legal action being taken against the collector. International Debt Recovery is the process of attempting to collect debts owed by individuals or businesses from outside of your own country. Contact us today for more information about our debt collection services.
Criminal Defense
At Kanokanga & Partners, we understand the importance of criminal law and criminal defence services. We inform our clients on various issues pertaining to criminal law, striving to provide the best possible service. We have a skilled team of lawyers who will guide you through every step of your criminal case, ensuring that you have the best chance to avoid conviction and gain the best possible outcome. Contact us today for a free consultation to discuss your specific needs.
- Bail Applications at Police Stations
- Formal Bail Applications in all Courts
- Plea and sentence Agreements
- Formal Representations
- Criminal Litigation
- Correspondents
- Appeal & Reviews to High Court, Supreme Court of Appeal and Constitutional Court
- Review of setting aside of admission of guilt payments
- Domestic Violence offences
- Fraud, Theft & other Commercial Offenses
- Drug Related Offences
- Assault Charges
- Driving under the influence of alcohol
- Other driving related offences
- Immigration related offences
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