By consent of the parties the three matters HC 6525/22, HC 6526/22 and HC 2527 were consolidated and were heard at the same time mainly because the applications in the three files concerned an application for an interpleader. The Applicant in the three matters is the same. The judgment creditors are the same. The judgment debtors are the same. Only the Claimants are different but the legal practitioners representing the parties in each of the matters are the same. The reliefs being sought is essentially the same. More
The first applicant, through its trustees, purchased property being No. 13 Coventry Road, Greystone Park, Borrowdale Harare, from a sheriff’s sale. Prior to the sale, the first respondent was its previous owner. Having bought the property and registered the property in the name of first applicant, the second applicant Elizabeth Tete, a Trustee, seeks to evict Lawrence Muteswa, the first respondent, on the basis of lawful title to the property. In his notice of opposition, the first respondent resists eviction primarily on the grounds that he has a pending matter in the High Court challenging the sale and that until... More
The applicant is a South African national. He is on bail together with three accused South African nationals on allegations of fraud involving US$1 million. The alleged principal perpetrator, one Ping Sung Hsieh, is in South Africa awaiting extradition to this country. His extradition hearing is scheduled for 14 June, 2011.
On 28 February, 2011 OMERJEE J granted the applicant and his co-accused bail pending trial. The bail order reads as follows:-
“1. The applicant to deposit $500 with the Clerk of Court Harare Magistrate Court.
2. The applicant resides at No. 4 Dromore Road, Highlands, until this matter is... More
The applicants, in a founding affidavit deposed to by the first applicant and to which the other nine have confirmed themselves to be party to the averments contained therein, allege that they are members of the Emmanuel Baptist Church in Zimbabwe. In an opposing affidavit deposed to by the first respondents, all respondents have challenged the membership of a number of the applicants. More
The plaintiff and the first defendant were wife and husband respectively under an unregistered customary law union which has now been dissolved. The second defendant, Kuyeri Family Trust (hereinafter The Trust) is cited in these proceedings on account of the purported interest it has in the major dispute between the plaintiff and the first defendant. More
