The background facts to this matter are that the late Stephen Nduna Gwenze Masaire was the holder of title in a property known as “Remaining Extent of Lots Numbers 182, 183, 184 and 185 Block C, portion of Hatfield Estate measuring 1,7657 hectares” registered under Deed of Transfer 1371/80. Sometime in 1991 he applied for and was granted a subdivision permit in respect of this land. The proposed subdivision was meant to create two properties from the original property, namely Stand Numbers 909 and 910 Hatfield Township. More
The background is that, in October 2017, the Master of the High Court advertised a judicial sale of the property known as Lot 1 of Lot 15 of Makabusi situate in the District of Salisbury, measuring 4047 square metres held under Deed of Transfer Number 7675/1997, otherwise known as Number 15A Ashburton Avenue, Chadcombe, Harare (“the property”).The said property was sold in execution on 3 November 2017 and the second respondent was declared the highest bidder on 7 November 2017.Subsequent to that, the second respondent was confirmed as the purchaser after the applicant failed to object to the sale in... More
In March 2020, respondent issued summons in the magistrates’ court against the two appellants claiming payment of a sum of $300 000 being general damages for malicious arrest and prosecution at the instance of the two appellants. More
: The appellant was an aspiring Presidential candidate in the 29 March 2008 harmonized elections. On the 15th of February 2008, he presented his nomination papers, to the 1st respondent who refused to accept them. He alleges that he arrived at the Nomination Court at around quarter to four while another aspiring candidate Advocate Justin Chihota was being attended to. He approached the 1st respondent who told him to await his turn as he the 1st respondent was attending to another candidate. He alleges that in spite of his having been asked to await his turn he was eventually told... More
The will of the testator was invalidated by his subsequent marriage to second respondent. Section 14 of the High Court Act [Chapter 6:06] grants the High Court power to enquire into and determine any existing, future or contingent right or obligation upon application by an interested person. Section 30(1) of the Administration of Estates Act [Chapter 6:06] provides inter alia that letters of administration granted to a person as testamentary executor are subject to revocation or annulment upon proof to the satisfaction of the High Court that the will is null. More
