The determination of urgency in this matter depends on the efficacy of applicable domestic remedies. Are the remedies concerned “effective, available and adequate” ? The remedies under examination are reposed in the Public Procurement and Disposal of Public Assets Act [ Chapter 22:23] (“the Act”).
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On 5 July 2016, upon considering the record of proceedings, heads of argument and hearing oral submissions we upheld the appeal and made the following order:
“It is ordered that:
1. The appeal be and is hereby upheld.
2. The decision of the court a quo is set aside and substituted as follows:
(i) the respondent and all those claiming occupation through the respondent be and are hereby ordered to vacate from No. TT 2455 Madamombe Business Center Seke, Goromonzi within (21) days of the granting of this order.
(ii) the respondent shall pay the appellant’s costs.”
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On 24 November 2010 I issued a Provisional Order under Case No HC 8153/10 in favour of the first, second and third respondents herein. The applicant, the fourth and fifth respondents and one Wonder Killian Jakalasi were the respondents therein. The applicant intends to note an appeal against the order granted and has approached me for leave to note the appeal. The respondents filed papers wherein they opposed the grant of leave sought and I therefore directed that the parties file heads of argument for my assistance.
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Darwendale 1730 DI Edition 2, held at the office of the Surveyor-General, Harare. The land being Darwendale North Farm bounded on the North by Abercorn on the east by Greenside ranch, on the south and south west by Darwendale A and Darwendale South and on the north-west by Maryland. A 10 kilometre radius from and around 3 referenced points is inclusive with grid points 389, 559, 395, 528, 434, 483, 369, 398, 408, 399, 364, 371, 368, 365 and more clearly indicated by a plan which may be inspected free of charge at the office of the Secretary of Defence,...
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