On 13 April 2021, the parties argued an application for a joinder before me, and I reserved judgment. The applicant seeks to be joined as a respondent in the matter under HC 3727/20, where the first respondent is seeking an order compelling the second respondent to transfer, namely, 2418, 2442 and 1712 of Lot 2 of Clipsham situated in Masvingo. The application was made in terms of Order 13, Rule 87 (2) of the High Court Rules, 1971 (“the old Rules”).
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The head case of Rogers v Rogers 2008 (1) ZLR 330 (S) lays out when the court will exercise its power in terms of r 79 (2) of the High Court Rules, 1971 to stop an action which is frivolous and vexatious. The remedy will be granted sparingly as it is an extraordinary one whose effect is to interfere with the right of access to court.
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Chikwavadombo Mastick Marange [“Chikwavadombo”] died on 8 September 2005. He was the substantive Chief Marange. Two persons acted in his place and stead, each in turn, after his death. These were one Ringisai Noah Marange and one Gilbert Marange. The first respondent eventually succeeded him as Chief Marange.
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