On 6 February 2007 the applicant filed the present application. He prayed for an order that:
a) the appointment of first respondent to the Estate Attwell Garande be and is hereby set aside
b) the agreement of sale and agreement of assignment of stand No 6579 Budiriro 5B Harare done on 17 January 2007 be and is hereby set aside and the property reverts back to the Estate late Attwell Garande
c) the third respondent be and is hereby interdicted from ceding this property to any third parties without the order of this Honourable Court
d) the first and second... More
The late Pension Wakapila died on 28 May 1999. He was survived inter alia by his wife Bridget to whom he was married in terms of the Customary Marriages Act [Cap 5:07] on 5 August 1973. Bridget died on 6 September 2002. Their union was not blessed with children. Before they contracted the union, Pension had children by another woman while Bridget also had a son by another man. This son, Remigio Tawanda Chagonda, was appointed the executor dative of Bridget’s estate by the Assistant Master at Harare Magistrates Court on 6 March 2007, while the other woman in Pension’s... More
: The plaintiffs issued summons against the defendants claiming:
a) That the agreement of sale between the parties in respect of Lot 16 of Lot 20A of Waterfalls be and is hereby declared null and void. More
This is a court application for a declaratory order and consequential relief. The draft order sought is to the following effect.
“IT IS BE AND HEREBY ORDERED THAT
1. The cancellation of the Agreement of sale of stand number 27426 measuring six thousand six hundred square metres situated in the Charumbira Road commercial area of Masvingo signed between the Applicant and Respondent on the 13th of August 2004 by Respondent be and is hereby declared null and void.
2. The Agreement of Sale signed between the Applicant and the respondent on the 13th of August 2004 of stand number 27426... More
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
