The above two applications were dealt with together at the request of the parties as the issues involved arise from the same agreement and the parties are the same save for the fact that the applicant in the first matter is the first respondent in the second matter and the applicant in the second matter is the first respondent in the first matter. More
: When these matters first came before me on 18 July 2013, Mr Mpofufor the respondents sought a postponement to enable the respondents to attend to a host of house-keeping issues which were then outstanding. In particular, the respondents desired to submit bonds of security in terms of r 66 (1) of the High Court of Zimbabwe Rules, 1971 in order to meet the summary judgment applications. Although the application was strongly opposed by Mr Mazonde who appeared for the applicant, I granted the application as it was apparent that Mr Mpofu was not ready to argue the matter and... More
These three matters were consolidated at the Pre-trial Conference stage.
Because all three raised similar issues, largely involved the same parties and called for evidence from the same witnesses the consolidation for the purposes of a single trial was clearly justified. More
As the two matters involve the same subject matter they were consolidated for purposes of this trial. The determination of HC 8866/14 automatically determines the outcome of HC 8193/14. Although in HC 8866/14 Innocent Paradzayi Makwiramiti (Mr. Makwiramiti) sued 6 defendants it is only Solomon Sigauke (Mr Sigauke) who defended the matter, so he is the only defendant in that matter. So these two cases HC 8866/14 and HC 8193/14 involve Mr. Makwiramiti and Mr. Sigauke only. More
In 1996, Mr Earnest Taurai Rambayi (whom I will from now on call Taurai) made a ludicrous decision. He sold his land in the prime location of Harare Central Business District. He must have immediately regretted his decision because soon after the sale he attempted to resile from it. Among other reasons for his repudiation of the contract he alleged that his wife had chided him and refused to approve the sale. When the purchasers of the property held him to the agreement Taurai remained intransigent. Unfortunately, his wife’s name did not appear on the title deed of the property.... More
