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. More
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. More
The dispute in casu is steeped in the sale of a deceased immovable property whose purchase price was paid by the applicant but transfer of which the respondent failed to effect. The draft order the applicant seeks is couched in these words More
This is an application for an order declaring the applicant not guilty and acquitting her after a review of the proceedings leading to her conviction. The matter was placed before me as an ordinary court application although the proceedings in the magistrate’s court are not yet concluded in that she has not yet been sentenced. There are certain deficiencies to which I shall later return. The question raised in this application is whether this court has power to intervene in unterminated criminal proceedings in the exercise of its inherent powers of review. In order to answer this question it is... More
This application was filed on 19 December 2006 by the widow of the late Abisha Mapenzauswa. She is challenging the validity of the will and last testament of her late husband and its subsequent execution by the first respondent, the testamentary executor.
On 26 October 2000, the deceased executed a will and appointed first respondent testamentary executor. He married the applicant by civil rites on 21 April 2001. He died at the ripe age of 82 on 8 December 2004. His estate was registered with the Master in D/R 171/2005 by the testamentary executor on 12 May 2005. More
