MUZENDA J: This urgent chamber application was brought to me on Friday 29th September 2018 after hours and I issued an interim order interdicting the demolition of a structure constructed on stand 19828 Harare Township registered in Pokugara Properties (Private) Ltd, (the 3rd respondent) and directed the Registrar to set the matter down for the 1st October 2018. On 1 October 2018 the parties agreed to defer the hearing to the 2nd October 2018 to allow the first-third and fourth respondents to file their opposing papers.
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After hearing argument by the respective parties, I dismissed the application with costs on an attorney and client scale. I now give my reasons. On 20 January 2020, the applicant filed an urgent chamber application and submitted that, in 2002, he obtained rights to extract minerals in Mvuma through special grants SG 2854 and SG 2858. Before the expiry of the special grants in 2011, he wrote to the second respondent through the office of the Mining Commissioner, seeking their renewal. Thereafter, on 20 April 2018, the second respondent acknowledged receipt of the applicant’s letter, and indicated that applicant’s file...
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The appellant and respondent started staying together as husband and wife in 1969. In 1971 their union was solemnized in terms of the African Marriages Act, [Cap 238], now Customary Marriages Act [Cap 5:07]. In the same year the appellant secured residential accommodation from his employer the Ministry of Health. That property is number 3567 Old Highfields, Harare. The property was a three roomed house. They lived in that house as tenants.
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