In summary, the facts which culminated in the application in casu are that, the applicant and the respondent entered into an agreement of sale in respect of Stand Number 1244 Good Hope Township of Lot 16 of Good Hope, measuring 2035 square metres. In terms of the agreement, the respondent sold the property to the applicant for US$45 000.00, who paid US$32 500.00 towards the purchase price. The applicant averred that the outstanding sum of US$ 12 500.00 was in the custody of her legal practitioners. It was contended that whenever applicant made a payment towards the purchase price, such... More
TSANGA J: This is an application in which the applicant seeks to remove the first and second respondents as executors and testamentary trustees of the estate of the late Ernest Leonard Bulle who died in 1996. He also seeks the revocation of their letters of administration granted by the Master cited herein who is the third respondent. The applicant additionally seeks that the Master appoints two new executors to administer the estate.
2. The parties initially appeared before me for a hearing on the 29th of November 2021. At that hearing, a request was made to postpone the matter in... More
It is common cause that sometime in March 2005, the defendant purchased Stand No. 239 Glenview Township of Lots 1-548 of Subdivision D of Subdivision A (the property) from one Douglas Nyaude through Graham and Douglas Real Estate. In a case of a double sale, Douglas Nyaude sold the same property to the plaintiff sometime in September 2009. The plaintiff commenced constructing a structure on the property. On 14 November 2014, the defendant filed an application under case number HC 13223/12 seeking a declarator that he was the owner of the property and an order compelling Douglas Nyaunde to transfer... More
Although this matter was filed on the back of a certificate of urgency, its hearing got delayed on account of the need for a clinical psychologist’s report. There was also a directive that the court be furnished with an additional report from a social worker but this never materialised. Other administrative interventions also militated against an early resumption of hearing. Ultimately, at the hearing of the matter the legal practitioners involved had not engaged in any research, a task that then fell on the Judge. More
This is a court application for specific performance, declaratur and other consequential reliefs. The reliefs sought are hereunder set out in full as follows:
“IT IS ORDERED THAT:-
1. The purported cancellation, by first respondent, of the agreement of sale of the immovable property described in paragraph 2 below concluded between First respondent and applicant be and is hereby declared to be invalid, null and void.
2. The first respondent be and are hereby directed to,within seven (7) days of the date of this order, sign all documents and do all things necessary to have the transfer of a certain... More
