The applicants bring this application in terms of s 27 (4) of the Births and Deaths Act, [Chapter5:02], [hereinafter referred to as the Act]. The second applicant was married to the late Elias Jonathan Kanengoni, who for ease of reference, will be referred to as the late Kanengoni. She is the executor of the estate of the late Kanengoni and represents it. More
This is an urgent chamber application for a spoliation order made by the second applicant in her capacity as the surviving spouse and executrix dative of her late husband, Godfrey Havatitye Sigobodhla and in her own personal capacity.
The first respondent is Takawira Chaonza alleged to have dispossessed the applicants whilst second respondent is the Minister responsible for lands and rural resettlement, amongst other things.
The common cause facts are that the first applicant was issued an offer letter on 13 June 2002, in respect of subdivision 15 of Kildonan R/E farm in Zvimba and the farm unit is described... More
At the center of this application is Subdivision 2 of Nswala (“the farm”). It is in the District of Zvimba under Mashonaland West Province. It is 158.6 hectares in extent.
In June, 2002 the Land Acquiring and Allocating Authority (‘the authority”) who is the first respondent herein allocated the farm to one Partson Reuben Magaya (“Partson”). He did so in terms of an offer letter which he issued to Partson on 11 June 2002. In July 2003, the authority allocated the same farm to one Vengani Ndou who is the second respondent in this application.
Partson, it would appear, remained... More
“Dead men fighting” best describes the scenario in this case. One Reuben Mutuda Jaravaza now deceased, sold an immovable property known as Stand 17321 Salisbury Township also known as 17321 Elephant Close Borrowdale to the now late Richard Makoni in 2002. Long after the two have passed on, a battle rages on as to whether the purchaser, the late Richard Makoni breached the terms of the agreement of sale. His estate seeks a declaratur confirming the purchaser’s rights, and transfer of the immovable property into the purchaser’s estate. The seller’s estate has defended this action. Left to settle the score... More
This is an application for a review in terms of s 27 of the High Court Act [Chapter 7:06]. The applicants are beneficiaries in the Estate of the Late Taurayi Joseph Punungwe wherein the first respondent was appointed an independent Professional Executor dative in terms of s 26 (ii) of the Administration of Estates Act [Chapter 6:01]. Applicants brought a complaint to the second respondent against the first respondent in terms of which they sought the removal of the first respondent on the broad basis that the first respondent was not acting in the interest of both the Estate and... More
