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
This is an application wherein the applicant seeks an order as follows:
1. The decisions of the 1st and 2nd respondents with regards to the seizure of the applicant’s motor vehicle Registration No. AEA 5210 and the goods therein be and is hereby set aside.
2. The respondents be and are hereby directed to release applicant’s motor vehicle and the seized goods upon payment of the relevant import duty.
3. That respondents pay costs of suit on an attorney and client scale. More
This is an urgent chamber application for an interdict. The matter is opposed. The order sought is couched in the following terms:
“INTERIM RELIEF SOUGHT
Pending confirmation or discharge of the order the applicant is granted the following interim relief:-
1. 1st and 2nd respondents and their employees, agents or assignees be are hereby ordered to stop milling operations in an area approximately 20.9 hectares within the Mining District of Midlands, as specifically described in Special Grant 8841 dated 12 October 2021.
2. Failing which the 4th respondent be and is hereby ordered to enforce this order More
1. The whole proceedings at the Magistrates Court under case number CC2062/21 is declared null and void and is ultra vires the Magistrates Court Act [Chapter 7:10]
2. The Writ of Execution against immovable property issued on the 11th of March 2024 by the Clerk of Court in case number CC2O62/21 was issued ultra vires the Magistrates Court Act [Chapter 7:10] and is ipso facto declared null and void. More
