These are two cases under one judgment. At a pre-hearing case management conference, the parties agreed to have them consolidated. It made sense. Among other things, the cause of action in both matters is the same. The real protagonists are the same. Kindred orders are being sought. Both matters were filed under certificates of urgency. They were filed on the same day. More
In this matter the applicant seeks leave to execute a judgment, it was granted by this court on 17 March, 2005, pending appeal.
The circumstances giving rise to these proceedings are that the applicant owns a shop known as Shop 3, Corner 5 South Avenue and Angwa Street, Harare. The applicant was a successor in title to Southern Properties (Pvt) Limited which had entered into an agreement of lease for a one year period from 1 January 2004 to 31 December 2004. In terms of clause 5 of the agreement the respondent had an option to renew the lease for... More
The applicant approached this court on an urgent basis seeking a provisional order to interdict the respondent from demolishing and evicting residents at stand number 3973 Budiriro 2 Harare. The facts of the matter are that the applicant which is a cooperative invaded the respondent’s piece of land at number 3979 Budiriro 2 Harare and parceled out residential stands to residents without the respondent’s authority. The respondent issued summons for the eviction against the applicant and those claiming occupation through it on the 18th of December 2018 which summons was served on the applicant on the 28th December 2018. A... More
The applicant is a property owning company that leased certain premises to the respondent in terms of a written lease agreement that has been varied from time to time with the written consent of the parties. A dispute arose between the parties as to the payment of rentals for the leased premises resulting in the applicant canceling the lease agreement between the parties on 24 January 2007. At the time of the cancellation of the lease agreement, the applicant alleged that the respondent was in arrears with its rentals to the tune of $ 5 810 000-00. More
