This matter has its dispute steeped in oral African Customary principles of succession concerned with the nomination and appointment of the fourth defendant as headman Mubaiwa which the plaintiff is challenging, arguing that he is the rightful candidate to be declared headman of the Mubaiwa people.
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This is a contested application for leave to execute pending Appeal. In brief, there has been an ongoing legal battle between the applicant and first respondent over an immovable property, stand 295, Northwood Township 2 of Submenu, measuring 4049 square meters. The second and third respondents are only cited in their official capacities.
Applicant claims that he fully purchased the property from the respondents, sometime in 2013, but is being precluded from having undisturbed enjoyment of the same by the first respondent. First Respondent, on the other hand, is challenging the sale as fraudulent and unsanctioned, as he has always...
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