TAKUVA J: This is an application for summary judgment in which the applicant seeks the following relief:
“1. The application for summary judgment be and is hereby granted.
2. The respondent pays the applicant the sum of US$19700.00 (nineteen thousand seven hundred United States Dollars).
3. The respondent shall pay interest at the rate of 5% per annum from the date of the issue of summons to date of full payment.
4. The respondent shall pay costs of suit on an attorney and client scale.
5. The respondent to pay for collection Commission in terms of the Law Society of... More
The new High Court Rules being Statutory Instrument 202 of 2021 have ushered in challenges in as much as they have brought clarity in certain areas. The need to revisit and streamline the rules for the attainment of clarity, cohesion and practicality much needed to regulate and maintain a coherent justice delivery system calls for urgent attention. Rules should not have gaps nor leave the litigants or the court in a quandary as to what next to do in pursuing a certain procedure. Rule 42 is one such provision that requires attention as this case has shown. More
: The applicant approached this court on urgency seeking the following order:
TERMS OF FINAL ORDER SOUGHT ARE AS FOLLOWS:
That you show cause to the Honorable court why a final order should not be in the following terms:-
1. The first respondent be and are hereby ordered to demolish any structures which he erected on Stand 40295 Belvedere, Harare or subdivided portion thereof known as Stand 41550 Belvedere, and fill up all the trenches dug there at pending the finalization of the case in HC 2973/21.
2. The first respondent is interdicted from effecting any developments or taking occupation... More
The applicant claims to hold rights, title and interest in a property situate in Belvedere suburb, Harare called stand 40295 Belvedere measuring 2106 square metres. She claims to have purchased the property by reason of a cession of rights from one Chris Edwin who had purchased the property from the third respondent. The agreement of sale between Chris Edwin and the third respondent was attached to the applicant’s supplementary affidavit filed on 25 July 2022. That agreement was executed by the third respondent and Chris Edwin on 10 October 2016. In terms of clause 8 of the agreement of sale... More
[1] At the commencement of the hearing of this appeal, Mr Magwaliba advised the Court that the parties had agreed to request adetermination on the preliminary issue, raised in the issues for determination in the pre-trial hearing minute filed by the parties in this matter- which is, whether there is before the Court a valid appeal in respect of which the Court can assume jurisdiction. The parties agreed that a determination of the preliminary point would be dispositive of the appeal.
[2] Briefly, the relevant facts forming the background of the matter are as follows. On 12 March 2020 the... More
