The applicant approached this court seeking rescission of default judgment granted against him and in favor of the first respondent on 19 August 2020 under case number. HC 10389/17. The application is made in terms of R 27(1) of the High Court Rules, 2021 (‘High Court Rules’). The first respondent’s opposing affidavit was deposed by one John Nyakamha hereinafter referred to as John (the first respondent’s father) by virtue of a general power of attorney to represent her. It is upon this background that the applicant raised issues over the opposing affidavit as being improperly commissioned and prayed that it... More
The plaintiff and the defendant were joined in holy matrimony on 20 February 1998 at Harare in terms of the Marriages Act [Cap 5:11] and the marriage still subsists. More
The plaintiff issued summons out of this court seeking the setting aside of an agreement of sale relating to stand number 32 Manga Street New Mabvuku entered into between the first and second defendants, nullification of the cession of the property from the estate of the Late Vito Bhero to the first defendant and costs. When this matter commenced before this court it was by way of court application. This court in its judgment of 26 April 2006 ordered that the matter be referred to trial so that the parties could fully ventilate the issues between them. More
This is an application for a declaratur wherein applicant is seeking that -:
1. The sole asset of the Estate of late Martin Charlie commonly known as Number 7 Meister Road, Ardbernie, Harare be and is hereby declared matrimonial property as envisaged in terms of section 3 A(a) of the Deceased Estate Succession Act [Chapter 6:02]; More
The applicant seeks an order for the ejectment of the respondent and any other person in occupation through him, from Stand 1741 Unit A, Seke, Chitungwiza (the property) and costs on a higher scale More
