After reading documents filed of record and hearing submissions by the appellant who was a self actor and the respondent’s counsel we dismissed the appeal with costs. An indication was made that the reasons would be availed. Here they are.
This is an appeal against the whole judgment of the Provincial Magistrate sitting at Gweru Magistrates’ Court which dismissed appellant’s application for condonation for the late filing of his application for default judgment of 26 may 2015. More
This is an opposed court application. The relief sought by the applicant is that the sale in execution and transfer of stand 12038 Bulawayo Township of Bulawayo Township lands situate in the district of Bulawayo and also known as number 8 Annie Morris Road, IIanda, Bulawayo (the property) in favour of the 3rd respondent be set aside as null and void and title in the property revert to the names of the applicant; that the 5th respondent be ordered and directed to facilitate the registration of the property in the name of the applicant; and respondents pays costs only if... More
MABHIKWA J: This is an application for the rescission of a judgment. She seeks the following order that:
1. The order granted under HC 2882.18 be and is hereby rescinded.
2. The applicant be and is hereby ordered to apply for the setting down of the matter within seven (7) days from the granting of this order.
3. Costs of suit to be paid by 2nd respondent on an attorney and client scale.
The background facts of this matter are briefly as follows:
Under case number HC930/14 the applicantowed 2nd respondent the sum of US$33 007,25. Judgment was obtained. A... More
Plaintiff issued summons against the defendants claiming:-
(a) An order declaring the agreements of sale by plaintiffs to 1st defendant of shares 20 and 21 Ascot Mews, Bulawayo to be null and void and of no force or effect whatsoever.
(b) An order directing the 1st defendant and those who occupy through him to vacate shares 20 and 21 Ascot Mews, Bulawayo.
(c) An order directing 1st defendant to pay occupational rental for share 20 and share 21 Ascot Mews, Bulawayo of USD2 000 monthly or its ZWL equivalent calculated from April 2018 to 31 May 2019 (the amount of... More
MOYO J: Plaintiff issued summons claiming:-
a) an order declaring agreements of sale by plaintiffs to 1st defendant of shares 20 and 21 Ascot Mews, Bulawayo, to be null and void ab initio and of no force or effect whatsoever.
b) An order directing the 1st defendant or those who occupy through him to vacate shares 20 and 21 Ascot Mews, Bulawayo.
c) An order directing 1st defendant to pay occupational rental for share 20 and share 21 Ascot Mews Bulawayo of US 2000-00 monthly (or its ZWL equivalent) calculated from 1 April 2018 to 31 July 2019.
d) An... More
