The applicant approached the court seeking an order for specific performance which would be occasioned by registration of a Deed of Settlement as an order of this court. The respondent opposed the application on mainly two grounds that the order would be incapable of performance due to financial constraints and secondly that the immovable property referred in the deed of settlement belonged to a 3rd party. More
The applicant seeks an interdict against the respondent in the following:-
“(1) The respondent be and is hereby interdicted from disposing of the applicant’s agricultural equipment in its possession per Annexure “A” to this application by public auction on 23 July 2011, or at any subsequent date except pursuant to a court order obtained from a court of competent jurisdiction.
(2) The respondent shall (bear) the costs of this application”. More
Plaintiff and Defendant were married in terms of the Marriage Act [Chapter 5:11] on 8 September 2007. On 7April 2007 their daughter, Chesla Rufaro Katambarare was born. On 28March 2018, plaintiff issued out summons claiming a decree of divorce and ancillary relief. In seeking the dissolution of the marriage the plaintiff alleged that the marriage relationship between the parties has irretrievably broken down to such an extent that there are no prospects of restoration to a normal marriage relationship in that:-
a) The plaintiff has lost love and affection for the defendant.
b) The parties have been living separate lives... More
The intriguing legal issue raised in this application is whether or not a deceased during their life time can donate inter vivos an immovable property registered in the name of a company and if so, the legal consequences arising therefrom.
[2] The facts of this matter are presented very simply by the applicant. She is the daughter of the later Matthew Chimbgandah (the deceased) who passed away on the 14th of March 2019. His estate under DR. 805/19 is being administered by the 1st respondent in his capacity as the executor. More
