This is an appeal against the decision of the Magistrates’ Court sitting at Harare refusing all the seventy- four (74) appellants admission to bail. The decision was delivered on 27 June 2024. The demographics of the appellants is interesting. They were not a random assembly. Instead, they hail from different but clearly defined clusters predominantly the suburbs of Chitungwiza, Epworth and Hatcliffe which account for almost three quarters of the appellants. Equally noteworthy is the fact that fifty-seven of the appellants are not formally employed and that over sixty of them are aged below forty years. They are of the...
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This is an application for eviction.
The brief facts of this matter are as follows.The applicant is the registered owner of stand 8141 Salisbury Township of Salisbury Township Lands, otherwise known as Number 17 St Dominic’s road, Milton Park, Harare.Sometime in August 2011 the Sheriff of Zimbabwe advertised the sale of the stand. The property was to be sold by public auction in a suit involving Kingdom Bank Ltd, and Colforth Investments(Pvt) Ltd and 10 others under case No HC5917/10.The plaintiff in that matter had obtained default judgment after the defendants had failed to attend a pre Trial Conference.The Sheriff...
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At the centre of this dispute is property Stand, 1577 Highfields Township, Harare, registered in the name of Ragison Mabika, now deceased. The first respondent is the widow and surviving spouse of the deceased. She was duly appointed the Executor of the estate. After registering the deceased’s estate with the inclusion of the above property, letters of administration where subsequently issued. Following due process, the first respondent then sold the property to the second respondent and is in the process of transferring the same to the current purchaser.
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This civil trial involved the double sale of an immovable property. It would appear that the two ladies, the plaintiff and the second defendant, were victims of the fraudulent activities of the first respondent (hereinafter called Goremusandu). To make things worse, Goremusandu died in 2003, before the trial commenced and did not give evidence.
Summons in this matter were issued in January 2002 and both defendants entered appearance to defend. Second defendant counterclaimed against the plaintiff for transfer and for the eviction of the plaintiff.
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