MAMBARA J: This is a vindicatory action instituted by the plaintiff, the registered owner of an immovable property described as Plot 11 Oatlands Road, Merwede Snake Park, Harare (“the property”). The plaintiff seeks an order evicting the defendant and all those claiming occupation through it from the property, together with costs of suit on a higher scale. The claim is founded on the actio rei vindicatio, the common-law remedy by which an owner asserts their right to reclaim property from someone possessing it without consent. The plaintiff avers that he acquired title to the property in 1999 and has at... More
1. That it be and is hereby declared that the Conditions Precedent set forth in Part 9 of the Scheme of Arrangement have not been complied with.
2. That it be and is hereby declared that Applicant’s bid cannot be terminated on the basis that was accepted by the members and creditors of the Target Companies upon completion of the relevant tender process and that there is no legal justification for any payment obligations to be triggered by the Applicant before the Conditions Precedent of the Scheme of Arrangement are satisfied.
3. That it be and is hereby declared that... More
This matter was heard on 5 November 2024. I issued an order in terms of which I upheld the respondent’s point in limine that the applicant’s claim had prescribed and consequently, dismissed this application with costs. I gave brief reasons for my decision then. On 7 November 2024, the applicant’s legal practitioners requested the written reasons thereof. These are they. More
[1]This is an urgent court application for stay of execution. At a case management I ruled that the matter was urgent and gave directions and a calendar of events to be followed until the completion of the application. More
This is a court application in which the Applicants are seeking an order that the following matters: HC 2480/20, HC 2942/20, HC 3004/21, HC 2896/21 and HC 2875/20 be consolidated. That application besides exciting a counter-application has since been concluded by consent and resulted in the consolidation of matters HC 2480/20 and HC 2942/20, as the other matters have fallen by the way-side for one reason or another. Zhiqiang Gao and GUIBIAO ZHANG have sought the consolidation of HC 2480/20, HC 2942/20 and HC 4303/21 in a counter application and that counter application is opposed. More
