This is an appeal against the entire judgment of the High Court (“the court a quo”), wherein it dismissed the appellants’ point in limine that the respondents’ application before it was a nullity for non-compliance with r 59 of the High Court Rules, 2021, (“the Rules”). At the hearing of the appeal, Mr Zvobgo for the first and second respondents, raised a point in limine to the effect that the present appeal was fatally defective for the reason that it had been noted without the leave of the court a quo, as the appeal is against an interlocutory order. This... More
This is an appeal against the whole judgement of the High Court (the court a quo) sitting at Harare handed down on 15 March 2023. Two opposed applications under case numbers HC 1351/21 and HC 1270/21 were consolidated and heard as one in the court a quo. At the centre of the dispute in both cases was an Extra Ordinary General Meeting (the meeting) which dealt with the business of the fourth respondent, Biltrans Services (Pvt) Ltd in HC 1351/21 (case 1) and the sixth respondent, Auto Seal Zimbabwe, in HC 1270/21 (case 2). The respondents in both cases contended... More
This is an appeal against the whole judgment of the High Court (the court a quo) delivered on 17 January 2024, in terms of which it declared the respondent the holder of a fifty percent undivided share of certain piece of land in Hartley called Swallowfield of Johannesburg, Norton, measuring 127, 6238 hectares, held under Deed of Transfer Number 5157/99. The Court a quo also declared that the ownership rights held by the respondent were held in his personal capacity and not in trust on behalf of the second and third appellants herein. It granted costs of suit in favour... More
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court handed down on 2 November 2022, in which the court a quo struck the appellant’s and the sixth respondent’s application off the roll. The application was for the nullification of two transfers of an immovable property in the estate of the late Muchandibaya Makuzva. The transfer of the property was firstly to Viola Machera nee Makuzva and subsequently to the second respondent, ‘The Nengomasha Family Trust’. More
This is an appeal against the decision of the High Court (‘the court a quo’) which ordered the second appellant to cancel caveat 844/2000; ZN caveat 26/2017 and caveat 77/2019 endorsed on Deed of Transfer 3188/83. More
