This matter is a prime example of why litigants should seek legal advice and instruct legal practitioners to represent them in order to better articulate their claims in accordance with the relevant principles of law. As I shall show, this is a case which I find to be so hopelessly convoluted and muddied that I ought to have dispensed with it ex tempore but have been forced to write a judgment in order to ensure plaintiff understands the shortcomings of his case so that in future he either seeks expert and skilled legal advice to assist him decide whether and... More
I heard this opposed application on 20 January, 2022. I delivered an ex tempore judgment in which I dismissed it with costs.
On 27 January, 2022 the applicants wrote to the registrar of this court. They requested full written reasons for my decision. My reasons are these:
Maxwell Matsvimbo Sibanda and Gladys Sibanda who are respectively the first and second applicants in casu are husband and wife. They are both the judgment debtor in interpleader proceedings which the court of the magistrate determined on December, 2020 under case number 10791/19. Gladys Sibanda, the third applicant in casu, is their daughter.... More
The appellants who are husband and wife are appealing against the whole judgment of the Magistrates Court in Case No. 10791/19 handed down at Harare on the 30th day of September 2020. The court a quo had dismissed the appellants’ threefold applications for condonation for late filing of an application for review, review of taxation and stay of execution. The threefold applications were in respect of an earlier court order evicting the appellants from the premises known as No. 593 Prince Road, Borrowdale Brooke, Harare where they were renting.
The appellants who are self- actors’ four grounds of appeal are... More
: The applicant seeks an order in the following terms, that:
“1. The 8th respondent be and is hereby joined to the proceedings under case number HC 3203/18.
2. Costs be in the cause.”
The applicant states that he was a lessee of a property owned by the first respondent.
The parties agreed that the applicant could effect renovations and improvements on the property, which he did. In due course sometime in August 2005 the first respondent offered the applicant the property for USD 220 000. The sale did not materialise due to the first and second respondents’ fault. In... More
On 28 February 2007, the plaintiff entered into a deed of sale with the defendant for the purchase of an immovable property being subdivision B of subdivision D of subdivision A of Lot 4 of Lot A of Colne Valley of Rietfontein otherwise known as 47 Addington Lane Ballentine Park, Harare. More
