This is an application made under the mandament van spolie for an order for eviction of the respondents and all those acting under or throughthem from Stand No. 19034 Parkridge, Kuwadzana Township Harare. Further that, an urgent interdict is also made interdicting respondents from interfering with the applicant’s activities on the said stand and ancillary relief as provided in the Draft Order. The applicants aver that the application was necessitated by respondents who forcibly took possession of the stand from second applicant. More
This was an application for rescission of judgment granted by this Honourable Court on 28 September 2016.
This court dismissed this application and the following are the reasons why the application was dismissed with costs. More
The applicant municipality seeks an order compelling the respondent to release its plant, machinery and equipment which it avers is unlawfully in the custody of the respondents. More
The applicant seeks an order of rei vindicatio. It seeks recovery of its property namely- motor vehicle, a Toyota Hilux Double Cab Registration Number AAE 7098, HP 450 laptop, Samsung Galaxy S5 and a Samsung tablet 4 presently in the possession of the respondent without the applicant’s consent. More
On 31 January 2017 I ruled that the application placed before me was not urgent. The applicant has asked for the full reasons for my decisions. These are the reasons as pointed out to the parties on the date of the ruling:The applicant is a municipal authority duly established in terms of the law.
The first respondent is a duly registered commercial bank.
The second respondent is cited in his official capacity.
The applicant and the first respondent were engaged in a dispute in case No. HC 6800/15. The court action reached a pre-trial stage whereat the parties entered into... More