The plaintiff herein sues in his capacity as the executor dative of the estate of one Ralph Simon Lapin. He seeks, inter alia, an order ejecting the defendant from 120 Harare Drive, Marlborough, Harare (the property), arrear rentals and holding over damages, together with interest and costs on a higher scale. The defendant, who is now a statutory tenant, challenges the plaintiff’s locus standi and also resists the claim on several substantive grounds. In any event, as appears from the Joint Pre-Trial Conference Minute, he admits having breached the lease agreement by the non-payment of rentals. More
The applicant has petitioned this court to review the decision of the second respondent to issue the first respondent with an offer letter for land called subdivision 33 of Triangle Ranch 3 (s 13) measuring 22.87 hectares situated in Chiredzi, Masvingo Province. The offer of the landholding was made under the Land Reform and Resettlement Programme (Model AZ Phase 11). The letter is dated 29 July, 2020. The applicant moves the court to grant him the relief which he expressed in his draft order annexed to the founding affidavit in the following wording;
“IT IS ORDERED THAT:
1. The decision... More
The applicant approached this court seeking an order for the setting aside of a sale in execution in terms of Order 40 r 359.
The background to the matter is that the first respondent obtained a court order against the one Robert Brian Van Rensburg (Robert) the applicant and Mabelreign Drive-in-Cinema for the recovery of the sum of US$396 782.63 jointly and severally the one paying the other to be absolved. The first respondent then caused the attachment and sale in execution of stand 73 Chicago Township, Kwekwe (the property). The applicant is the registered owner of that property. More
The applicant filed this application through the urgent chamber book. He moved me to interdict the respondent from:
(i) evicting him from Stand number 3191 Bluffhill Township, Harare.
(ii) demolishing any structures which were/are erected on the same – and
(iii) impounding any assets which were/are at the stand. More
