The applicant filed an urgent application for stay of execution having learnt, through an advertisement, of an intended auction sale of their immovable property at the instance of the first respondent the AFC Commercial Bank (sic). The auction is to be held on 9 December 2022. The applicant borrowed some money from the Bank under an agreement which in terms of s 38 (2) (3) (4) and (5) of the Agricultural Finance Act [Chapter 18:02] as read with the Second Schedule of the Act, allows the Bank in the event of default, to sell property used as security without further... More
The plaintiff herein claims the transfer of a property in Groombridge, Harare, pursuant to an agreement of sale concluded in August 2009. Alternatively, it claims cancellation of the agreement and repayment of the sum of US$145,000 from the 1st defendant. The latter denies having received payment of the purchase price in the manner agreed. She counterclaims for an order declaring the agreement to have been validly cancelled together with an order for the eviction of the plaintiff. More
The applicant is the owner of a property called Shop No. 1, 32 Julius Nyerere Way, Harare. It leased the property to the respondent by written lease agreement executed on 17 January 2018 due for termination on 31 March 2018. Upon the expiry of the lease agreement, the applicant sought the eviction of the respondent and an order to confirm the cancellation of the agreement. The applicant also pleaded that it required the leased premises for its own use. More
The appellant and the respondent were landlord and tenant by virtue of a written lease agreement over a fixed property called stand 7449A (also called Shop No. 1, 32 Julius Nyerere Way, Harare. The lease agreement was executed on 17 January 2018. The agreement was due to terminate on 31 March 2018. The appellant instituted proceedings against the respondent in the court a quo in which it prayed for an order to confirm the termination of the lease agreement, ejectment of the respondent from the leased premises and costs of suit. The appellant based its case for the relief sought... More
The appellants have approached this court seeking the setting aside of the court a quo’s decision. The court a quo granted an order interdicting the first appellant from engaging in business that violates the standards expected in a residential area and ordering the first and second appellants to cease forthwith committing acts of nuisance at number 75 Kennedy Drive, Greendale, Harare or performing acts that disturbs and infringe on public peace . More
