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
The background to this matter is spelt out in the judgment of MUSAKWAJ in Chiriga Estates and 2 others v Minister of Lands and Rural Resettlement & 9 Others HH 34/10 (HC 665/10), hereinafter refereed to as “the first application”. The current application shall be referred to as “the second application”. When the second application was brought before me, the first respondent raised the issue of res judicata, as a preliminary point. The plea was upheld on 19 March, with reasons to follow. It is the reasons for upholding this preliminary point that this judgment addresses. More
