“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
The plaintiff issued summons out of this court on 21 March 2016 against the first and second defendants for the cancellation of an agreement of sale entered into by the first and second defendants for the sale of an immovable property known as stand number 972 Tshovani, Chiredzi ‘the property’ , eviction of the first defendant, payment of rentals in the sum of $25 800 collected by the first defendant, holding over damages from 1 April 2016 to the date of eviction of the first defendant at the rate of $300 a month and costs of suit on a legal... More
Some rules of this Honourable Court were not strictly complied with by the applicant in this application. The applicant is currently residing in the United States of America. Through a General Power of Attorney dated the 12th of June 2017 the applicant appointed and authorized the deponent to the founding affidavit to file this application on her behalf. The deponent to the founding affidavit Savie Munoriarwa filed this application on behalf of the applicant as a self- actor. That explained why some rules of this court were not strictly followed but be that as it may the application was substantially... More
