The first, second and third respondents opposed the application on the grounds that, firstly, in limine, it was not urgent, it failed to disclose material facts and therefore sought to mislead the court and finally that it was fatally defective for failing to comply with the rules. Secondly, on the merits, the respondents argued that the review being sought has no merit as the fourth respondent acted properly in dismissing applicant’s ex parte application, no act of spoliation has in fact been committed as the first and second respondents have filed a complaint in terms Gazetted Lands (Consequential Provisions) Act... More
By default judgment of this court per MUREMBA Jgranted in Case no. HC 4536/16 on 8 April 2019. The respondent who was then married to the applicant was successful in obtaining an order of divorce with ancillary relief. The order ended the parties’ marriage. The applicant was adjudged to be in default. Amongst other orders granted in the divorce order was a declaration that two properties namely Stand 1127 Uplands, Waterfalls, Harare and House No. 14208-2 Kuwadzana, Harare be declared the sole and exclusive e properties of the respondent. More
The plaintiff’s claim as amended is for:
“Transfer of subdivision of Lot 1 of Lot 310 Block B Hatfield Estate upon payment to the defendants of the balance of the purchase price being the sum of $50 million.
Alternatively, damages in the sum of the purchase price of 2000 square meters of land in the same locality as Hatfield, as at the date of judgment.”
The plaintiff’s claim emanates from an agreement of sale that was executed on 14 May 2004. The agreement reflects that it was executed by and between Ndoda Hondo and the plaintiff. It reflects that Ndoda... More
The background to this action is that on 14 May 2004, the 1st defendant, purporting to be the 2nd defendant, entered into an agreement with the plaintiff for the sale of a subdivision of lot 1 of 310 Block B, Hatfield (the property). The plaintiff paid a sum of ZW$50 million towards the purchase price of ZW$100 million. He moved onto the property upon execution of the agreement and effected various improvements on the property. He was given the title deeds to the property as security for the 1st defendant’s performance of his obligations under the agreement. More
The brief background to the matter has to be put into perspective. The applicants, were served with summons on 2 August 2010 in which the first respondent claimed payment of an amount of $30 000.00. The applicants entered appearance to defend and filed their plea within the dice inducia. The plea was filed on 28 March 2012, Annexure C p 51. On 18 August 2015 the first respondent made an application to join in third and fourth respondent, which application was successful. The third and fourth respondents filed their pleas. The first respondent requested the first and second applicants to... More
