This is an application for rescission of a default judgment entered against the applicant on 27 October 2021 in favour of the first respondent. The default judgment was entered against the applicant in his capacity as the Executor Dative of the Estate Late Matthew Z Chimbgandah in favour of the first respondent a daughter and therefore one of the beneficiaries of the Estate Late Matthew Z Chimbgandah. More
I have before me an application for vindication and eviction of the first respondent and all those claiming title through him from the property known as, the subdivision of Stand 1 of Gletwyn, Township, measuring 540 square meters (“the property”). The applicant says that he purchased the property in issue from the second respondent through his daughter who he alleges signed the agreement on his behalf. The applicant further alleges that the first respondent who bought a subdivision of the remainder of his property built a perimeter fence which is encroaching onto his property hence this application to restore him... More
After hearing arguments from both counsel, I ordered as follows:
a) That the Notarial Deed of Trust executed on the 13 February 2001 establishing the first respondent be and is hereby amended by the deletion of the second respondent’s name as a trustee wherever it appears in the Deed of Trust.
b) That an independent Estate Agent of repute operating in Harare be appointed as a Trustee by consent of the first and second respondents within seven days of this order and failure of which the Master of the High Court appoints an Estate Agent within seven days of the... More
The issue that falls for determination in this application is somewhat res nova. It is whether the doctrine of vicarious liability applies in contract law to terminate a valid contract on the basis that the breach complained of was occasioned by the employees of the second party. More
The applicants were arraigned for trial before the first respondent, a Regional Magistrate sitting at Harare Magistrate’s court. The first respondent will in this judgment be referred to as the “magistrate”. The second respondent is the Attorney General of Zimbabwe. He is the prosecuting authority whose officer is prosecuting in the applicants’ trial. More
