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The applicant is the holder of title of a certain piece of land in the District of Salisbury Called Stand 45A Ardbennie Industrial Township(hereinafter referred to as “the property”). On 27 September 2016, applicant and the respondent entered into an agreement of sale in respect of the property. More

This is a matter in which I stayed my decision pending the determination of an appeal in case number CA197/07. The appeal was determined on 5 October 2011 but the respondent in this case promptly noted an appeal with the Supreme Court against the judgment of HLATSHWAYO J. The parties submitted that the determination of the matter again be stayed pending the decision of the Supreme Court. By letter dated 29 October 2012 the parties advised that the appeal before the Supreme Court had been removed from the roll by consent of both parties. Thus, as there is no longer... More

Sometime in February 2012, the plaintiff and the defendant entered into a written agreement of sale in terms of which the defendant sold to the plaintiff an undivided share representing shop number F12, which was to be constructed on a property known as Subdivision B and C of Subdivision C of Lot 15 Block C of Avondale, Harare. The negotiations involved an offer of a smaller shop valued at US$35 000 and shares with a value of US$35 000. Both proposals were apparently rejected by the purchaser. According to the plaintiff, the defendant breached the agreement in that it failed... More

SABINAH RWATIZHA AND TITUS VENGESAI AND BRIGHTON MAZITI AND TENDAI MUNEDZI AND JACOB MANYEMHESA AND ASIMA CHEISA AND LOVELY CHAGONDA AND TATENDA CHAGONDA AND EUPHIA MASOKA AND GEORGE SILAS MAGAMBA AND LONAH BANDA AND NIGEL MUNYARADZI DANIEL JERE AND CECILIA TINASHE SAMBO AND ALLEN MAPURANGA AND LETICIA MUTEDE AND ENIMY MUTEDE AND ROBERT PARAFINI AND NYARAI MUCHECHETERE AND KUDZANAI TEMBO AND TAKURA VENGESA AND TAWANDA DEREK NDUDZO AND MANAI ANTONY AND EDINAH KASEKE AND EMELDAR GONDO AND CHIPO MUSARA AND HENRY TENDENEDZAI AND SHINGIAI RAY MANGO AND TAPUWA MAGWERE AND PETROS PATISANI AND IAN MADUME AND PRISCILLA SHUWISAI HANDIKATARE AND VICTOR PAULINE MBAYO AND MARSHALL TSEKE AND TONGAI MAVUNDUSE AND MERCY MUGWENI AND MUSA PHIRI AND SIMONDENI NCUBE AND JOSHUA BIRI AND URITA BIRI AND ERNEST NYAMBO AND OSWELL TAWINEYI AND MUNYARADZI NYANGA AND RICHMOND NYAHORE AND RUTH NYAHORE AND OPPAH MOYO AND MOREBLESSINGS MUNOUYA AND MACKENZIE EUGENE AND NORMAN GWEZUVA AND MUNYARADZI LAWRENCE TSUNGA AND MUCHIMBIDZIKE FATIMA AND MUCHIMBIDZIKE STEWART AND LOVEJOY MURAMBIWA AND ERASMUS NYAMUSHONYONGORA AND COLEEN MAFIKA AND HENRY MUVANDIRI AND ISAIAH CHINHENGO AND NABOTH T. MAGWERE AND ALVIN LOVEMORE MAGWERE AND LOVEMORE MAGWERE AND ALETTER MAGWERE AND SHELLY ELIZABETH CHITSUNGO AND JEREMIAH JANDA AND MAXWELL NEKENDE CHITENDENI AND CLIFFORD NKOMO AND PRIVILEGE MUKWAIRA AND FANUEL KANGONDO AND KILLIAN Z MASUKUSA AND MEMORY CHIPUNGU AND WAYNE PAMIRE AND ZACHEO PATISANI AND FARAI NYABEZE AND VIVIAN S. SITHOLE AND EDINAH DAMBUDZO MASIYIWA AND LIVISON TIZIRAI AND THEODORA MUTSAGO AND LIYON CHIKOMO AND LINDARAY TANYANYIWA AND MARIMIROFA ADVANCE AND LETWIN MARIMIROFA AND LUNGISANI MAKHALIMA AND FADZAI C. MAKHALIMA AND FUNGAI FELISTAS GAMU AND JOSEPHINE CHAMBALANGA AND ELMON MANGENA AND RUVIMBO PATRICIA NCUBE AND JENIFER DHLIWAYO AND PARADZAI MAZUVAMANA AND SALLY ANN AND SHUPAI MOSES NYAMBO AND CHIKOMBINGO SEVERINO AND VANESA E. SALIMU AND ELISMORE TAVENGWA AND NEWTON TAWANDA MURINGAGOMO AND CALVIN CHINEKA AND PRECIOUS MAKWINJA AND SHAKEY MUNYUKI BARE AND LEVISON PHIRI AND JOSPHINE TIZORA AND MASHMELLON TINOTENDA MAZWI AND JOYCE TINARWO AND MAMBINGI MAKURIRA AND GEORGE TINASHE SARE AND NOMATTER NIKISI AND CONSTANCE CHIMUKA AND GODFREE MARIMBIRE AND KUDIWA MAZANGO AND ABBIGAIL CHARUKA AND GARIKAI CHIKWEKWETE AND JOE CHAKANYUKA AND TICHAYANA MAKOTA AND RUTENDO BLESSING MARIZA AND MUNYARADI G. MUSWERAKUENDA AND JULIET CHIBANDA AND CHARLES CHIBANDA AND ROPAFADZO MAPOSA AND PESEVEARANCE MUZANYA AND KENNETH MAKAZA AND IREEN MUZAKA AND NICODEMUS MUBVUMBA AND JOSEPHAT MUBVUMBA AND NGONIDZASHE MANIKA AND ABIGIRL MANIKA AND MANDIPE NGWADZAYI AND ESTHER MUTSENGI AND ESTHER DLAMINI AND DICKSON MAPFUTI AND BETTY MAPFUTI AND IAN N. MANDIHLARE AND TANAKA CLIVE MUKAKA CHITIYO AND ACKIM MAKINA AND LLOYD DOMBODZVUKU AND MARYGRACE VALERIA ZINGONI AND ALBERT ZHANJE AND DEBBIE MTANDABARE AND HERBERT MUNEMO AND JOYLINE MHASHO AND MASON WHITE AND JULIA WHITE AND PATMORE MADA AND ISRAEL CHARM SIZIBA AND STELLA CHIMBUMU AND KUDZAI NEMACHA AND TEDDY NYAJEKA AND FAITH SHOKO AND ROBERT MUCHECHETERE AND AGATHA CHIKUKWA AND NETSAI MATEWERE AND SYNTHIA KATONDO AND MODESTA TUTURU AND JACKQELINE MUTAMBARA AND FREDRICK KASEKE AND NOBERT MUSAKWA AND CECILIA MUGARIRI AND RONWELL CHITAMBIRA AND STANFORD BUKUTA AND PEARSON NGULUBE AND MERCY MUGWENI AND IAN MANYANDE AND VIMBAI FAITH MBERI AND MCDAVID OSLEM MBERI AND JULIA MUCHEMWA AND PRISCILLA MUGOBERA AND LINDIWE MAKONI VERSUS LUNA ESTATES (PRIVATE) LIMITED. AND DEVINE AID TRUST COMPANY (PRIVATE) LIMITED (2021-05-26)
This is a court application by 163 applicants seeking a declaratory order in the following terms: “IT IS ORDERED AS FOLLOWS: 1. It is declared that the agreements of sale which were entered into between the applicants and the 1st respondent represented by the 2nd respondent be and are hereby held to be valid. 2. The 1st respondent pays costs of this application on a legal practitioner and client scale.” More

On 31 May 2022, after hearing oral submissions by counsels, I dismissed the applicant’s application with costs on a higher scale in an extempore judgment. The applicant has asked for written reasons following the noting of an appeal. The following are the reasons. More