On 28 June 2012 the applicant filed the instant application. It was not until 7 November that this matter had to be argued as an opposed application in Court.
When the two counsels appeared before me to argue this matter, the first respondent’s counsel raised two points in limine which he hoped would dispose of the matter in the first respondent’s favour without dealing with the matter on merits. The 1st point in limine taken by counsel for the first respondent for the first time ever was to challenge the status of the deponent to the applicant’s founding affidavit. It...
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The applicant applies for a declaratur and mandamus orders. Its draft order reads as follows:
IT IS ORDERED THAT:
1. The first, second and third respondents’ failure to establish a public primary school in Tynwald South Township, Harare is hereby declared to violate the rights of children from low-income households in Tynwald South, specifically their rights to education, the best interests of the child, to dignity, to administrative justice, and to equality and non- discrimination, as protected in sections 75, 81, 68 and 56 of the Constitution.
2. The first respondent shall, with immediate effect, redirect the Beer Levy funds...
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The applicant and the first respondent entered into a lessor-lessee relationship respectively. They, on 16 July 1999, signed a notarial agreement of lease [“the lease”]
The applicant let, and the first respondent hired, a certain portion of the property known as Harare Sport Club [“the property”]. This is situated in the District of Harare formerly Salisbury.
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This is a court application wherein the applicants seek an order declaring the confirmation of sale by first respondent to the second respondent of a certain piece of land unlawful and set aside. As consequential relief to the declaration, applicants pray for an order compelling the first respondent to uplift the caveat placed on the property by him in favour of second respondent.
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