This is an application for the setting aside of the judgment given in default of the applicants in Case No. HC 11164/17. The judgment was given on 15 May 2018. The application is opposed by the first, second and fourth respondents. In addition to contesting the application on the merits the respondents took certain objections in limine which the court would need to consider first. However, a consideration of the grounds of objection requires that the background facts be outlined first as they are relevant to the determination of the objections in limine. The following are the material facts which... More
This matter was initialed set down for hearing on 28 May 2010. When the matter was called I requested counsel to address the issue of the legality of the transaction between the parties given the existence of two agreements with differing purchase prices. Counsel duly furnished supplementary heads of argument on the issue and I am grateful to both for their diligence. More
This is an apposed application for review in which the applicant seeks an order in the following terms;
“IT IS ORDERED THAT:-
1. The Distribution Plan authorised on the 3rd of March 2009 be and is hereby set aside.
2. That the inventory for the immovable properties of the deceased is hereby amended to include property No 10 Lomagundi Road, Avondale Harare.
3. The Master of the High Court is hereby authorised to distribute the Estate of the late Edmond Gonese in accordance with s 68F of the Administration of Estates Act [Cap 6:11] .
4. First respondent is to... More
On 14 November 2017 plaintiff issued summons for the eviction of the first and second defendants and all those claiming occupation through them from a piece of land known as subdivision 4 of Lot 1 of Buena Vista located in Goromonzi. More
The plaintiff issued summons against the defendants claiming the following:
(a) The setting aside of the agreement of sale between the first defendant and second defendant;
(b) An order directing the third defendant to transfer the rights, title and interest in Flat 196 Block 40 Odzi Flats into the plaintiff’s name; and
(c) Costs of suit against the first and second defendants jointly and severally, the one paying the other to be absolved. More
