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This is an application for summary judgment in terms of r 64(1) of the High Court Rules,1971. The rule states; More

The plaintiff issued out summons claiming $54 280.00 for services rendered in terms of a contract between the parties and interest at the prescribed rate from the date of summons to the date of payment in full. More

An owner of property may recover it from whoever possess it without his consent (BadelaNdlovu vSpiwe Posi HH 475/15). The actio rei vindicatio is an action brought by an owner of the property to recover it from any person who retains possession of it without his consent (Tendai Savanhu vHwange Colliery Company, SC 8/15). The principle that an owner cannot be deprived of his property against his will means that he is entitled to recover it from any person who retains possession of it without his consent (Silberbeg and Schoeman: Law of Property, 3 ed, p 273). More

The applicant Milrite (Private) Limited is a company dully incorporated in terms of the laws of Zimbabwe carrying on business as a farming concern under the style of StilfonteinEstates. It is the former owner of a certain piece of farmland called Stilfontein of Umzila situate in the district of Chipinge commonly known as Stilfontein. More

The applicant is the former owner of Stilfontein of Umzila of Chipinge. Its farm was acquired by the State, but it did not vacate the farm as provided by s 3 (2) of the-Gazetted Land (Consequential Privisions) Act [Cap 20:28], hereinafter called “theAct”. It was prosecuted, convicted and sentenced for contravening s 3 (3), of the Act by a Magistrate sitting at Chipinge Magistrate’s court. The magistrate evicted the applicant from Stilfontein in terms of s 3 (5) of the Act. It vacated the farm, in spite of its having applied for and obtained from KUDYA J, an order directing... More