MOYO J: The plaintiffs in this matter issued summons against the defendant claiming from the defendant a sum of $24 380-00 being a balance due in respect of funds that allegedly plaintiffs invested with the defendant around the month of January 2014. Plaintiffs claim that the investment agreement was mutually agreed between the parties and has since been cancelled by the plaintiffs rendering the balance of the invested sum due to them. They have also claimed costs at an attorney and client scale. More
During their life time, Simon Kubvaruno Nhema (Simon) and his wife Lizie Nhema (Lizzie) were the registered owners of an immovable property known as Lot 5 Sunninghill of Willsgrove, measuring 8,6321 hectares. The property is registered under Deeds of Transfer numbers 2770/85 and 03321/21. Lizzie died in 2005 and Simon died in 2008. The deaths of Simon and Lizzie ignited a wave of appointment of executors, which appointments are the underlying cause of this litigation. On one hand the second respondent contends that on 8 January 2018 and in terms of Letters of Administration number D.R.B.Y. 20/18 he was appointed... More
[1] This is a court application for a declaratur. The applicant seeks an order couched in the following terms:
i. A declaratur be and is hereby granted that the property known as Lot 5
Sunninghill of Willlsgrove measuring 8, 6321 hectares held under deeds of transfer 332/2021 and 2770/1985 is registered and owned by the Estate Late Simon Kubvoruno
Nhema. More
This is an application wherein the applicant seeks to set aside a sale in execution. The facts of this matter are that applicant’s immovable property namely stand number 131 Douglasdale Township 3 of subdivision 1 of Douglasdale situate in the District of Bulawayo wherein the property was sold by the Sheriff for a sum of $310 000,00 More
On the 15th February 2019 I granted an order on an urgent basis in the following terms:-
“INTERIM RELIEF GRANTED
Pending the final determination of this matter on the return date, the applicants be and are hereby granted the following relief:-
1. The respondent or any of its representatives, upon service of this order, be and is hereby directed to break the seals and allow the applicants to resume trading immediately upon the granting of this order.
2. Failing paragraph (1) above the applicant be and is hereby authorized to break the seals and resume trading.” More
