The plaintiff operates a foreign currency denominated account with the respondent bank at one of its Harare branches. It is common cause that as at 12.00 noon on 24 February 2003, the plaintiff’s account reflected a credit balance of US$11 694.11. It is further common cause that on 25 February 2005, the plaintiff instructed the bank to telegraphically transfer to a named beneficiary, the sum of US$11 0000-00. As he was leaving the bank after the transaction, he was approached by an employee of the bank, one Murape, who inquired as to whether he had US$5 000-00 for sale. The... More
This matter was placed before me on 22 March 2021for review with a cover note raising a procedural issue in the way the trial Magistrate canvassed the essential elements during the proceedings. More
The plaintiffs in this case seek the ejectment of all the defendants (who are 30 in all), and of all persons claiming title through them, from the property known as Railway Farm 26, in Chegutu.
At the inception of the trial of this matter, the plaintiffs formally withdrew their action against the 31st defendant, namely, the Minister of Lands, Agriculture and Rural Resettlement. Plaintiffs’ counsel also sought judgement by default as against those defendants who were not personally present at the trial. However, counsel for the defendants submitted that the 8th defendant, Jeremiah Chikepe, had been appointed and authorised to... More
This is an appeal against the order by a Magistrate sitting at Harare Magistrate Court. The Magistrate rendered an order dismissing the application for stay of execution launched by the appellant More
BHUNU J: The facts leading to this urgent chamber application are as follows:
Certain property in question, cited as Inyanga Block (Folio No. 6151, Title No. 1813/61) at one time belonged to William Antony Igoe, who sold this property to the Government of Zimbabwe in 1986 resulting in the cancelling of the Deed in terms of the Rural Land Act Chapter 20:18. He however retained certain rights over the transferred land, which were specified in a written agreement that was to expire at the end of a period of 25 years after the transfer. These rights included among others, the... More
