The plaintiffs are husband and wife. On 26 February 2008, they issued summons out of this court seeking the declaration of nullity on the agreement executed between them and the second defendant with respect to number 45 Maviyani Street Mbare, Harare; the setting aside of the cession effected over the same property by the third defendant to the second defendant and costs of suit. The first and second defendants contested the action and in addition the second defendant filed a counterclaim seeking the eviction of the plaintiffs and all those claiming right of occupation through them together with costs on... More
There is a long standing dispute between the parties over the ownership of house no 372 Engineering, Highfield. Applicant avers in his founding affidavit that the house belonged to Luka Meda, the applicant’s grandfather. Luka Meda died intestate in 1989 and his estate was registered with the Master of the High Court in 1994 under DR389/94. Applicant’s father, Raphael Chirimuuta was appointed executor dative of the estate and he was issued with Letters of Administration for purposes of effecting cession of the rights, title and interest in the house into his name. He died before effecting transfer of the house... More
Siansimba is a campsite in the Zambezi Valley. It is owned by the second respondent. The second respondent is a statutory body set up in terms of the Parks and Wildlife Act (Chapter 20:14). It has multiple functions. They include, inter alia, the power or obligation to control, manage and maintain national parks, botanical gardens, sanctuaries, and recreational parks for the purposes specified in that Act. In this application, the applicant seeks a number of interim interdicts against the respondents. Against the first respondent, a private company duly incorporated in accordance with the laws of this country, the applicant seeks... More
This judgment relates to two related applications which were argued together. The parties are the same in both matters. Case Number HC 12470/11 is an application for condonation of the failure to file an application for the setting aside of the default judgment granted in Case Number HC 9545/11 within the period provided for in r 63(1) of the Rules of this Court. Case Number HC 12471/11 is the application for the rescission of the default judgment referred to above. More
This judgment is in respect of two matters which were argued before me. Case No. HC 12469/11 is an application for the rescission of a judgment given in default of the applicant in Case No. HC 3729/09.Case No. HC12468/11is an application for condonation of the applicant’s failure to file the application for rescission of judgment viz. HC 12469/11 within the time prescribed by the Rules of this Court. After hearing argument from both counsel I dismissed the application for condonation. The effect of that was that there was no application for rescission of judgment properly before the Court, hence Case... More
