The applicant Melody Kuziwakwashe Makunura (Melody) has three related matters pending in this court the last of which is HC 931/23 that was placed before me for determination. The other related records are case numbers HC 6395/19 and HC 5728/20. The cases are related as follows:
Case Number HC 6395/19
The first respondent herein as plaintiff therein filed an application for rescission of a default judgement granted by UCHENA J (as he then was) in case number HC 9080/12 against one Rodger Nyasha Makunura and Chitungwiza Municipality as first and second defendants. In terms of that default judgement granted on... More
This application for a spoliation order has been brought on an urgent basis. The facts are that the Applicant MELODY MIDZI is a surviving daughter of the late AMOS MIDZI. AMOS MIDZI during his life time had been offered a land holding under the Land Reform and Resettlement Program (Model A2 PHASE II) by the Minister of Lands, Agriculture and Rural Resettlement at Subdivision 1 of Earling Farm, Beatrice in Mashonaland East Province on the 30th December 2002 for agricultural purposes measuring approximately 347.80 hectares in extent. After AMOS MIDZI’s demise the farm remained in the possession and occupation of... More
This is a hybrid application for a declarator and a mandamus which seeks the determination of the applicable tariff for enforcement purposes of the order obtained on 20 October 2020 under Civil Appeal No. SC 142/20. The issue is whether the court can make an order in terms of s 14 of the High Court Act [Chapter 7:06] to the effect that the applicable tariff to the applicant’s costs is as enunciated by the Law Society in the form of the 2011 USD Tariff and a mandamus compelling the first respondent to allow costs under SC 142/20 to be taxed... More
Despite being served with the application, the second and sixth respondents did not appear for the hearing. The third respondent’s director, Mr S.T. Rusike attended the hearing and indicated that the third respondent was not opposed to the application. So was the fifth respondent who appeared in person. More
This is a chamber application for Contempt of Court Proceedings in terms of r 79(1) of the High Court Rules 2021. Sometime in January 2022, the applicant and the respondent entered into an agreement of sale in terms of which the respondent sold to the applicant rights, title and interest in stand 13993 Kuwadzana Extension Harare for USD 17000.00. Having paid USD 15400.00, the respondent became evasive and refused to take the balance of USD 1600.00. More
