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
The plaintiff, an incorporation involved in the business of repairing and servicing motor vehicles, contracted the defendant, another incorporation which prides itself as the only company in Zimbabwe with the expertise to supply and fix industrial interlocking rubber tiles, to supply and fix such industrial interlocking rubber tiles at its service workshop at the corner of Robson Manyika Avenue and Julius Nyerere Street in Harare sometime in May 2010. More
In this application, the applicant seeks a provisional order in the following terms;
“Terms of Final Order Sought
That you show cause to this Honourable Court why an order should not be granted in the following terms:
1. Respondent in fencing its cantonment area or operation shall not include the applicant’s land which was purchased from Kadoma Rural District Council which is also known as number 2 The Range until there’s an order from a competent court to do so.
2. Respondent to pay costs of suit at a higher scale. More
