MAWADZE J: This is an opposed application wherein the applicant seeks the following relief:
“IT IS ORDERED THAT:
1. The will dated 21 November 2005, purportedly signed by the late Nellie Helen Morris appointing the respondent ((first respondent) the executrix testamentary and bequeathing the entire estate to same be and is hereby null and void and therefore of no force and effect (sic).
2. The respondent shall pay costs of suit” (sic). More
Due to the COVID-19 pandemic this is a matter which I indicated to the parties that I would determine on the papers without hearing oral submissions. The directions that I gave for the filing of papers including heads of argument were duly complied with. I am indebted to the applicant and the first respondent’s counsel for that. The second respondent which is the Reserve Bank of Zimbabwe N.O (RBZ) did not respond to the application. More
: In essence this is a dispute over ownership of an immovable property known as stand 750 Greystone Township 10 of Greystone A, Harare which is also known as 750 Gaydon Road Greystone Park, Harare. It is a case which graphically illustrates the conundrum of deploying incorporation laws and rules to register ownership of immovable property, a favourite pastime of many business people in this country. It is a habit usually informed by a desire to take advantage of the protection afforded by company law, in particular that an incorporation once incorporated, has the capacity of a natural person in... More
The applicants seek, by court application, an order confirming the cancellation of a sale agreement involving shares entered into between the first applicant and the respondent on 11 October 2011 and the eviction of the respondent from stand 750 Greystone Township of Greystone A, Harare as well as costs of suit on a legal practitioner and client scale. More
