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The plaintiff’s claim as amended is for an order declaring as null and void and of no force and effect an agreement of sale entered into by and between 1st and 2nd defendants in respect of Flat F209 Bubi Court, Eastview Gardens, Eastlea, Harare. The property is situated on Stand 18336 Harare Township, in the District of Salisbury. The second order sought is for specific performance, directing 1st defendant to take all the necessary steps and sign all the necessary documents to effect registration of transfer into the plaintiff’s name within 14 days of the tender of payment to it... More

An agreement of sale entered into between two parties is concluded when the two parties append their signatures to the agreement. More

The applicant considers that the judgment of the High Court by DUBE J in HC 4734/17 was granted as a result of a common mistake of both herself and first respondent in that it was argued and determined as an opposed application when it ought to have been dealt with and determined as a trial cause. For this reason, applicant applied for the rescission of the said judgment in terms of Order 49 r 449 subrule (1) (b). Applicant cited first respondent as well as second, third and fourth respondents. Only the first respondent opposed the application. Second, third and... More

Do the dead speak from beyond the grave? In my view that is the question that this court must answer in order to determine this case. This is a matter which has remained unresolved for the past 15 years. In spite of leaving a will the parties have tried, without success, to ascertain the true intention of how the rights and benefits of the estate of the late Amos John Chirunda who died on 8 December 1997 should devolve. The facts of this matter may be summarised as follows: More

On 15 November 2012 the plaintiff issued summons against the defendants seeking an order declaring her to be the rightful owner of rights, title and interest in the property known as stand 7687 Warren Park Township of Warren Park, Harare, and for the ejectment of the first and second defendants and all persons claiming occupation through them from that property. The plaintiff also seeks an order of costs against the first and second defendants. The claim is opposed by the first and second defendants. More