: This is an application for absolution from the instance..
The plaintiff in short seeks an order that defendants vacate the remaining extent of Lot `B` Lower Rangemore, Umguza being the property of the plaintiff who is the registered owner of the of the property (rei vindication).
The defendants have claimed that they have authority to occupy the property for mining purposes although they do not deny plaintiff’s ownership of the land.
At the close of the plaintiff`s case the defendants made an application for absolution from the instance. More
1. This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honourable Court if any, why a final order should not be made in the following terms:
i. That the 1st respondent shall cease and desist all mining and blasting activities on property known as Lot B Lower Rangermore held Title Deed No. 1490/2005 as described in DT 2596/73.
ii. That the 1st respondent is hereby directed to remove all equipment from the property known as Lot B Lower Rangemore held under... More
Plaintiff issued summons against the defendant and prayed for judgement for the following;
(i) An order that defendant immediately vacates the remaining extent of Lot “B” Lower Rangemore, Umguza.
(ii) That failing (i) above the Sheriff of Zimbabwe or his lawful deputy shall evict the defendant from the Remaining Extent of Lot “B” Lower Rangemore, Umguza.
(iii) Costs of suit.
For all intents and purposes therefore, the plaintiff’s claim was an Action rei Vindicatio. It is well settled law that occupation or possession of an owner’s property by another person is prima facie wrongful. All that the plaintiff needs to... More
First applicant is the owner and holder of title in respect of certain piece of land being stand 1584 Que Que Township situate in the District of Que Que in extent 5, 3267 hectares (hereinafter referred to as the property) The 1st respondent issued summons under HC 1799/16 on the 3rd of October 2016 seeking the following relief:
“a. An order compelling 1st and 2nd applicants to stop selling residential stands on 1st respondent’s claims namely Chicago registration number G3041, Orion registration number 7718, November registration number 4177 and Phoenix West parallel registration number B479.
b. An order compelling second... More
