The plaintiff herein approached this court seeking to be declared the legitimate purchaser and holder of the rights, interest and title in Stand No. 7971 Belvedere West, Harare, and an eviction order as against the first defendant and all those claiming occupation through him together with costs. More
This is an application for bail on the basis of changed circumstances. The applicant is standing trial in the Regional Magistrates Court on one count of armed robbery and one count of illegal possession of a firearm in contravention of s 4(1) as read with s 4 (2) (b) of the Firearms Act [Cap 10:09]. More
On 14 December 2012 the applicant filed an application in this court seeking to obtain the order framed as follows:-
“It is ordered that:
1. Garnishee be and is hereby ordered to release all monies it holds in Commercial Bank of Zimbabwe CBZ Account Number 20051570077 or is owing to the judgment debtor; to the Deputy Sheriff Harare, until the writ of execution in case number HC 11077/12 is satisfied; and in any other accounts they may hold; on behalf of the debtor.
2. The judgment debtor shall pay costs of suit.” More
Plaintiff sued defendant by way of summons for the following relief;
a) An order evicting defendant and all those claiming occupation through him from plaintiff’s premises known as number 20 Saint Stephens Road, Meyrick Park, Harare.
b) Holding over damages in the sum of $500.00 per month with effect from 1 November 2011 to date of vacation on eviction and
c) Costs of suit on a legal practitioner-client scale. More
The respondent opposed the application and raised some points in limine. Firstly, it was submitted that the application is invalid since the form used does not exist. The applicant argues that since the application was to be served on interested parties Form 23 should have been used as required by r 60 (1) of the High Court Rules 2021. More
