On 24 January 2017 I heard this application and delivered an ex tempore judgment dismissing it with costs. I have now been asked for the written reasons which I do hereby furnish. More
Kojo Malcom Parris (“Parris”) intended to sell his house in Harare. He instructed an acquaintance, June Mossdorf, (“Mossdorf”) of Fox & Carney Estate Agents to market the immovable property for him. He was by that time resident in South Africa. Mossdorf found the plaintiffs with whom she negotiated and agreed on a possible sale. The plaintiffs paid a deposit to Mossdorf. When she asked Parris to instruct his lawyers to draw the necessary papers, he refused. She instructed his lawyers to proceed with the sale as she believed a binding contract of sale was in existence. The lawyers refused to... More
The Applicant claims to be the registered owner of a mining claim known as ME3448G SCRAI A, located in Goromonzi district. He states that on 13 January 2025, while conducting operations at the site, the second Respondent arrived with a group of assistants and advised him that he was supposed to vacate the mining site. According to the Applicant, the second Respondent presented a warrant of ejectment, a bond of indemnity, and a letter from the first Respondent’s legal representatives. The Applicant contends that none of these documents referred to or identified him. More
This is an urgent chamber application wherein applicant is seeking that a provisional order be granted on the following terms:
“that the first respondent or any person acting on behalf of first and second respondents be and is hereby interdicted from disputing, stopping or occupying SCRAI A Acturus, without any lawful authority or a Court Order or until the finalization of the appeal presently before the first respondent.” More
