On 8 October 2020 we heard this appeal and dismissed it with costs. We have been asked for the written reasons and these are they.
This was an appeal against the dismissal of an application for rescission of a default judgment by the Magistrates Court. Two grounds of appeal were raised in the notice of appeal. However, at the hearing of the matter, Mr Dondo for the appellants made a concession that the first ground was not one of the reasons the court a quo dismissed the application for rescission of judgment. He consequently abandoned it. The second ground of... More
This is an urgent chamber application for a spoliation order. The applicant and the first respondent are engaged in a nasty fight over the possession and occupation of subdivision 1 of Charmaine of Dryton situate in the district of Seke in Mashonaland East Province. The second to fifth respondents are community dwellers and leaders in the surrounding areas sympathetic to the first respondent’s cause. More
The applicant seeks an order in the following terms:
“IT IS ORDERED THAT:
1. Applicant be and is hereby declared to be lawfully authorised to be in occupation of subdivision 1 of Charmaine of Dryton in Seke District of Mashonaland East Province in terms of the Offer Letter issued by the 4th Respondent in his favour dated 3 January 2005.
2. 1st, 2nd and 3rd Respondents be and are hereby ordered to forthwith give vacant occupation of subdivision 1 of Charmaine of Dryton in Seke District of MashonalandEast Province to the Applicant.
3. The Deputy Sheriff and/or his lawful assistants... More
