Ordinarily, a judgment would not have been necessary in an unopposed application. This judgment was considered necessary to clear an issue of lis pendens which arose when this application was dealt with by CHINAMORA J on 12 May, 2021. The learned judge removed the application from the roll and made note that an appeal pending before this court which was concerned with the same thereafter was set down for hearing on 24 May, 2021. It was considered then that to grant an order as prayed for by the applicant would pre-empt the decision of the appeal court. Upon resetting the... More
On 6 July 2021, with the consent of the parties, this court issued an order interdicting the respondent or its agents from removing any livestock or movable property from Subdivision A of Carnock Farm, Sandown Park Farm pending the finalization of this matter. The court also directed the parties to argue for the final relief on 20 July 2021, subject to the respondent filing its notice of opposition by 8 July 2021, and the heads of argument not later than 16 July 2021. The applicant was required to file his answering affidavit and heads of argument by 14 July 2021. More
This is an application in terms of r 63 of the Rules of the High Court, 1971 for the rescission of a judgment granted in default on 24 June 2009 in case no HC 1247/07. In addition, the applicant sought for an order that the proceedings of the Pre-trial Conference held on 18 November 2008 and the result thereof be declared null and void and that a date for another Pre-trial Conference be allocated More
The applicant in this matter purchased a property known as Stand 8356 Highfield, Township, Harare in terms of a written agreement of sale dated 2 February 2009. The seller of the property is recorded in the agreement of sale as FidelisHapagarwiNhapi who is not cited as a party to these proceedings. The applicant alleges that at the time of the sale Fidelis HapagarwiNhapi advised him that there were illegal occupants on the property. He was assured that the illegal occupants would vacate the property. The applicant subsequently wrote to the first respondent on 5 August 2010 indicating that he would... More
The plaintiff issued Summons against the defendant claiming a total of US50 000.00 as damages for negligently causing the death of his wife, interest at the prescribed rate from date of demand to date of full payment as well as costs of suit. The amount is made up of US$100.00 for funeral expenses, US$40 000.00 for loss of spousal support and US$9 000.00 for child support. More
