The Applicant in this matter seeks an interim order restraining the respondents from disposing of or transferring certain immovable property, known as Katamon Court, in Harare. The applicant also seeks a final order effectively transferring the said property into its name and ownership through the execution of a share subscription agreement.
In support of its claim, the applicant avers that the parties concluded a binding oral agreement in February 2005 for the sale of the property at the purchase price of $6 billion. The 1st and 2nd respondents deny any such binding agreement and dispute the applicant’s right to acquire... More
This is an appeal against the magistrate’s ruling sitting at Kadoma dismissing the appellant’s application for rescission of judgment on 15 December 2008.
The respondent Farai Ngorima is the registered owner of a certain piece of immovable property known as house number 3795 Ingezi Township Kadoma. He purchased the house from the late Monica Ruvimbo Dzinamarira on 7 March 2007 for $27 000 000-00. The property was registered in his name on 17 April 2007 under deed of transfer 000198/007 with the seller acknowledging that the whole of the purchase price had been paid. More
The applicant who was appointed executrix Dative to the Estate of the Late Ennety Charumbira DR 597/20 sometime in 2020 approached this court with a simple application for condonation for late filing of an application for rescission of default judgment granted against her late mother the Late Ennety Charumbira sometime on 25 July 2018. More
On 25 July 2018 default judgment was granted in a matter between respondent and one Emely Charambira. Emely Charambirasubsequently passed on 21 December 2018. Applicant approached the court seeking condonation for late filing of an application for rescission of the default judgment on the basis that she was appointed executrix dative to the Estate of the late Emely Charumbira (the deceased). Condonation was granted on 16 March 2022. The present application was filed on 24 March 2022.
In her Founding Affidavit applicant gives the background of the matter as follows. On 12 April 1999 house number 8609 Mbare, Harare was... More
The applicant was married to the late Tom PeterkinMayisva under the Marriage Act, which is now [Cap 37] on 1 January 1970. Tom Mayisvathen passed away on 11 April 2006. The parties had five children. It is not in dispute that Tom Mayisva had a long term adulterous relationship with one LinahPilime and that four children were born out of this relationship. Mayisva had another long term adulterous relationship with Margaret Maramba with whom he had another five children. The applicant has no knowledge of the details pertaining to these children with the exception of two born in 1982 and... More
