All the parties in this case claim to be members of the Anglican Church but belonging to rival factions. They are however engaged in vicious Court battles concerning their legitimacy and entitlement to Church property. More
Judgment in this matter has delayed because of my reassignment to the criminal division soon after I had heard and reserved judgment in this and several other opposed applications. It has been a challenge to get time to devote to writing the reserved judgments as the criminal court has been busy and kept me on my toes. The delay is however regretted and was not intended. More
[1]This is a court application for a declaratory order and consequential relief. The applicant approached the court in terms of s 85 of the Constitution of Zimbabwe, 2013 (“the Constitution”) as read with s 14 of the High Court Act [Chapter 7:06]. The applicant seeks an order in the following terms: More
The applicant is the Estate of the late Jean Moir Hedley, represented by John Moir Rosslyn Hedley in his capacity as its curator bonis. The first respondent Angwa City Investments (Pvt) Ltd purchased a flat belonging to the applicant’s estate. The applicant is challenging the legality of that sale. The second respondent Saint Sebastian Estate Agents, is the first respondent’s Estate Agent with a mandate to manage the flat in dispute. The third respondent the estate late Israel Gumunyu is cited for the involvement of the late Israel Gumunyu, in the sale of the applicant’s flat without the Master’s authority,... More
The applicant, Reason Masomera, seeks a review of the Master of the High Court’s decision in which he removed him as the executor of the estate of the late Rosemary Mashata. This is said to have been done un-procedurally and without consultation.
There are certain common cause facts. The late Rosemary Mashata died on 22 July 2009. Reason Masomera and Eliot Masomera, who are the applicant and the first respondent respectively, were her natural sons. Reason Masomera was appointed by the Master in 2010 as the executor of his late mother’s estate. The Master is the second Respondent in this... More
