This is an appeal against the whole judgment of the High Court handed down on 20 February 2019 which granted summary judgment in favour of the respondent for the eviction of the appellant, and all those claiming occupation through her, from stand no 3437 Highfield Township, Harare (“the property”) after dismissing the appellant’s application for condonation of the late filing of heads of arguments in opposition to the summary judgment application. More
2. The dispute in this matter revolves around the question of the right to rule the Chimombe clan. The wrangle highlights the issue which has been vexing the court a quo for some time. Various decisions have emanated from the High Court on whether or not they have the jurisdiction to determine matters relating to chieftainship disputes.
3. The appellant was appointed as Chief Chimombe in terms of the Traditional Leaders Act [Chapter 29:17]. The date of his appointment is not apparent from the papers. He is currently the substantive Chief Chimombe. In 2010, following the appellant’s appointment as Chief,... More
2. The appellant is a company duly registered in terms of the laws of Zimbabwe. The respondent is the executrix dative of the estate of the late Tererai Terance Muridzo (the deceased). The appellant and the respondent entered into an instalment sale agreement of sale of a residential stand situated at Rydale Park, called Stand No. 3047, measuring 300 square metres (the stand). In terms of the agreement, the purchase price was the sum of US$18 500, payable by way of an initial deposit of US$5000 and the balance of US$13 500 payable in 24 monthly instalments of US$563 on... More
The appellant is a limited liability company registered and incorporated in terms of the laws of the Republic of Panama. It has its head office or principal place of business in Switzerland. The first respondent was one of the directors of Myramar Farming (Pvt) Ltd (Myramar), a limited liability company, registered in terms of the laws of Zimbabwe. On 3 April and 31 July 2012, the appellant extended loans to Myramar in the sums of US$ 845.000.00 and US$ 400.000.00 respectively. As security for these loans, the first respondent, together with six others, bound themselves as sureties and co-principal debtors... More
The appellant, a female adult, and the first respondent, a male adult, entered into an unregistered customary union in August 2015 and were delighted to commence living together as husband and wife about October 2015.
During the subsistence of their customary union, they acquired both movable and immovable property including house number 2 Glynde Avenue, Mabelreign Harare which is solely registered in the name of the appellant. The mortgage finance sourced to acquire the house was secured in the appellant’s name and in her account. The first respondent however alleges, with significant assertiveness, that he also directly contributed to the... More
