The plaintiff (applicant) issued summons against the defendants claiming payment of $101 000 being the outstanding amount on an agreement of sale for a 25tonne Volvo Conquip excavator EC250D 25L and two Powerstar VX tipper trucks, interest thereon at the prescribed rate from date of summons to date of payment in full, collection commission and legal practitioner and client costs.
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The actions of an Anglican Church priest David Dhlomo the first defendant, in selling his deceased mother’s house to second and third defendants without the knowledge of his siblings have resulted in the plaintiff (his sibling) dragging both the man of the cloth and the purchasers to court. The transaction has resulted in far reaching consequences for the parties factually, legally and financially.
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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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