This matter has had an unusually long and tortuous history dating back to January 2003. It has eventually come to trial on the following agreed issues: (i) whether the plaintiff bought Stand No. 6357, Glen View, Harare, from the 2nd, 3rd and 4th defendants’ late father; (ii) whether the 1st defendant was a bona fide purchaser of the property; (iii) whether the 2nd, 3rd and 4th defendants were entitled to cede the property to the 1st defendant; and (iv) whether or not the cession should be reversed and title be passed to the plaintiff. Related to these issues is the... More
This is a ruling on whether or not present application should be treated as urgent. The background thereto is that the parties entered into a contract for the hire and lease of an excavator. That relationship soured. Present respondent instituted rei vindicatio proceedings in this court. More
On 4 February 2019, the parties entered into a lease agreement in terms of which the applicant let its premises, known as Number 6 Cannock Gardens, Cannock Road, Mount Pleasant, Harare to the applicant. The applicant would pay monthly rentals to the respondent, in the sum of seventeen thousand five hundred South African Rand, payable on or before the first day of each month. Due to non-payment of rentals, the respondent demanded vacant possession of the premises from the applicant through a notice dated 28 April 2022. This was followed up by two more letters demanding that the applicant vacates... More
This is an Urgent Chamber Application for stay of Execution of a writ issued and obtained by the first respondent following a default judgment granted in its favour by this Honourable Court on 14 September 2022 in HC 5024/22. The stay is being sought pending finalization of an application for rescission pending in HC 7024/22.
The facts are that the applicant entered into a lease agreement for certain property known as 6 Cannock Gardens, Cannock Road, Mount Pleasant, Harare. The said lease was cancelled or otherwise terminated mutually and a new verbal lease agreement was entered into in or around... More
