This is an application in which the applicant seeks a declaratur to be declared a legitimate beneficiary (per stirpes) in his late grandfather, Edward Nyanyiwa’s estate. He died on the 10th of February 2019. Terence Nyanyiwa, applicant’s father was a child of the late Edward Nyanyiwa, the latter whom he predeceased. Terence Nyanyiwa and Julia Ruzvidzo bore the applicant on the 22nd of December 1987. Both parents died when the applicant was still in primary school. At that time they had separated his mother having left his father some time in 1989. It is applicant’s assertion that throughout his entire... More
CHAREWA J: This is an application for joinder of the applicant as a party to the proceedings in HC 4080/16 on the grounds that as the provisional judicial manager of Tetrad Investment Bank Limited (the bank), it has a direct and substantial interest in the outcome of those proceedings as 2nd respondent is a wholly owned subsidiary of the bank whose every activity is controlled by the bank and of which the bank is a 100% shareholder. Further, 2nd respondent is not a trading company but was set up by the bank for purposes of holding the assets of the... More
This is an application for rescission of judgment in terms of Rule 449 (1) (a) of the High Court Rules, 1971. Rule 449 (1) (a) provides as follows:
“449 Correction, variation and rescission of judgments and orders
(1) The court or a judge may, in addition to any power it or he may have, meru motu or
upon the application of any party affected, correct, rescind or vary any judgment or
order-
(a) that was erroneously sought or erroneously granted in the absence of any
party affected thereby; or
(b) …………………….
(c) ……………………..” More
This is one of those cases in which the maxim the law does not assist the sluggard can be aptly invoked. The claimant purchased a four roomed house in Kuwadzana in November, 2009 from one Langton Mwarazi for $10 000-00 which was fully paid. For various reasons which do mot legally excuse the delay, the property did not find transfer into the claimant’s name. In November, 2011 that property was attached by the deputy sheriff (applicant) to satisfy a judgment which the judgment creditor had obtained against Langton Mwarazi. This prompted the claimant to institute these interpleader proceedings claiming ownership... More
This is an application for an interpleader process. The applicant in pursuant to a writ of execution issued by this court in case number HC 1953/12 attached and removed ten beasts from the judgment debtor’s premises. Thereafter the applicant received an affidavit from one Memory Kuhlengisa a representative of the claimant claiming ownership of such ten beasts. In her affidavit the said Memory Kuhlengisa claimed that the beasts were owned by the claimant and not by the judgment debtor. That led to applicant making this application. More
