This is an application for review seeking to set aside the decision by the 2nd respondent dismissing applicant’s application for discharge at the close of the State case and putting applicant to its defence. More
The applicant seeks a mandament van spolie against the respondent. Its draft order reads as follows:
“IT IS HEREBY ORDERED THAT:
1. The application for an order restoring the application to possession of number 750 Gaydon Road, Greystone Park, Harare succeeds.
2. The respondents and all those claiming occupation through it, are ordered to immediately vacate the premises at number 750 Gaydon Road, Greystone Park, Harare.
3. In the event that the respondents do not vacate the premises within twenty-four hours of this order, the sheriff of this court is hereby authorized to give effect to this order by evicting... More
The applicant seeks leave to execute a judgment granted by this court on 9 April 2021 under HC 912/21 pending the hearing and determination of an appeal lodged by the respondent in the Supreme Court under SC 80/21. Essentially, the applicant was granted spoliation order which restored it to possession of No 750 Gaydon Road, Greystone Park Harare (“the property”), and also ordered the respondent and all those claiming through it to vacate the same property. The respondent’s appeal suspended the judgment under HC 912/21. More
The applicant approached this court seeking rescission of a judgment in terms of r 449 of the old rules of this court and also in terms of common law for declaratory orders and ancillary relief. The first, second and fourth respondents raised the following points of law;
1. (a) Prescription
(b) Material dispute of fact
(c) Application defective and bad at law
(d) Locus standi
(e) Material nondisclosure of facts
(f) Res judicata among others and More
The plaintiff and defendant were married to each other in terms of the Marriages Act, [Cap 5:11] at Harare on 19 August 2002. Their marriage still subsists. Prior to that date they had been living together as husband and wife in terms of customary law since 1995. More
