After what can only be described as being both an eventful but arduous journey through the courts, applicant is now petitioning this Court for an order declaring that s 5 (2) of the State Liabilities Act [Chapter 8:14] is unconstitutional. Section 5 (2) of that Act provides that State Property is immune from attachment and execution, and that in circumstances where the State finds itself to be a judgment debtor, any amount owed by it should be paid out from the Consolidated Revenue Fund. Applicant contends that whilst s 5 (2) remains valid, it is unjustly impeding him from realising...
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This mater came before me as an urgent chamber application. The applicant seeks to interdict the respondents from disposing of an immovable property at the centre of this dispute. The property is 64 Daniel Street Mbare, Harare (the property). The four applicants and second respondent are all grandchildren of the late Thamary Motokari (deceased) whose estate was registered under DR 1071/19
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This is an opposed application for the setting aside of the judgment given in default of the applicants in case no. HC 6787/17. The judgment was granted on 23 August 2017. The applicants in an affidavit deposed to by the second applicant state that they only became aware of the order on 25 April 2018 when it was served upon them as an annexure to an affidavit in a different case, HC 3556/18. The present application was filed on 26 April 2018.
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