This matter was brought as an urgent chamber application seeking a spoliation order following what applicants alleged was forced eviction from premises known as Stand 14432 Salisbury Township which they were letting from the respondent, the National Railways of Zimbabwe, a parastatal. I heard the matter on the merits having made a decision at the hearing that the argument that the matter was not urgent because the applicants had failed to take action between the 29th of December and the re-filing of the application was not sustainable. More
On 22 June 2005 the legal practitioners for the plaintiff instituted summons against the defendant wherein the plaintiff sought delivery of two Nissan motor vehicles, one a 2,4 litre double cab, the other being a 3 litre double cab. In para 2 of the declaration, there is no para 1, despite the heading on the summons and on the declaration itself, the plaintiff is stated as being Old Mutual Properties (Pvt) Ltd. The summons was served on the defendant who entered an appearance to defend the action. Various pleadings were then filed by the parties and the name of the... More
This is an application for leave to execute pending appeal.
On 13 September 2006, this court issued a judgment in favour of the applicant. In the judgment, the court ordered the respondent to pay the applicant the sum of $121.52 together with interest thereon at 30 % p.a reckoned from 9 October 2003 to date of payment and the sum of R201 750-08 together with interest thereon at the rate applicable in South African law, also reckoned from 9 October 2003 to date of payment in full. The court also made an award of costs against the respondent. Dissatisfied with... More
At the commencement of the hearing of this matter Mr Mpofu, on behalf of the applicant, moved for an amendment of the draft orders to include a prayer for the eviction of all respondents from the premises leased by each respectively. There being no objection to the application the amendments to the draft orders was granted. More
On 23 January 2009, the plaintiff issued summons against the defendant seeking relief in the following terms:-
“(a) An order for the ejectment forthwith of he defendant together with its subtenants assignees, invitees and all those claiming through defendant from the plaintiff’s premises known as Shop No. 2 Stand No. 12A Avondale Township located at Avondale Shopping Centre, Avondale Harare.
(b) Plaintiff’s claims arises from a lease agreement concluded between the parties. The lease agreement having expired on 31 March 2008, the defendant became a statutory tenant. Plaintiff now reasonably requires the premises for own use and despite being given... More
