On 24 March 2009, the first defendant consented to the substitution of the plaintiff for her husband who died after litis contestatio. The full history of this case is reported in Chikadaya v Chikadaya & Ors 2000 (1) ZLR 343 (HC) and its sequel cyclostyled judgments of Chikadaya v Chikadaya & City Council of Harare SC 58/2001 and Chikadaya v Chikadaya & City Council of Harare HH 1 /2002.
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Sometime in May 2018, second respondent purchased a certain piece of land in the District of Charter, called Wiltshire 1010, commonly known as Farm 1010 Wiltshire Chivhu (the property|). The Deed of Transfer was executed at Harare on 13 May, 2019. Second applicant took occupation of the property without second respondent’s consent, attempted to erect illegal structures and also placed cattle on the property which are interfering with the developments the second respondent is desirous of constructing. Despite being notified of second respondent’s ownership of the property, second applicant has failed, neglected or refused to vacate the property. Second respondent...
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