In this matter the applicant seeks a spoliation order against the respondent in respect of a Mazda Familia motor vehicle registration number ABD 8958 alleging that he was, until 12 June 2012, in possession of the said motor vehicle. On that date, the respondent dispossessed him of the vehicle using wrongful means. More
I have had the privilege of hearing counsel in this matter both on the question of law and the facts relating to this case. I propose to adopt a wholistic approach.
The question of law
It is the settled legal position that in order to be granted interim interdict the applicant must satisfy the following requirements:
a) that the right which has prompted the applicant to make the application and which right they seek to protect is clear or if not clear is prima facie established though open to some doubt;
b) that if the right is only prima facie... More
: When we adjourned yesterday I had asked counsel to prepare heads of argument to give the court a broader and a more informed perception of the issues that occupied all of us yesterday. Immediately the parties had left my chambers and as I embarked on my crash research exercise, I realized I was able to come up with a decision unaided by counsel. More
On 13 March 2015 the plaintiffs issued summons against the defendants. In their prayer they were asking for:
“1. An order for eviction of the 1st defendant and all those claiming occupation through her from Stand 9568 Budiriro 5B, Harare.
2. An order that the 2nd defendant against payment of the balance of US$1 700.00 (one thousand seven hundred United States dollars) tenders cession to the plaintiffs of Stand 9568 Budiriro 5B, Harare. More
