On 25 March 2020 respondent approached the Magistrate court with an ex parte application for a peace order and interdict. In his founding affidavit applicant contended that he was authorised to stay at Fairhelme Farm known as Sendekera Farm by the then Resident Minister for Manicaland Mandiitawepi Chimene after paying US$25 000. The respondent had been trying to forcefully evict him. In 2017 appellant instituted proceedings under case No. 2225/17 as well as HC 691/18 and HC 164/18 but later on withdrew the summons. The government had indicated that both Mandiitawepi Chimene and a company formed by her had no... More
This is an application for rei vindicatio in respect of a motor vehicle namely Foton Registration AAE 6811, Airtel WIFI Modem serial number 5LL 7517C22027996 and a Tel-One internet moderm presently in possession of the respondent. The applicant claims it is the owner of the property which was issued to the respondent for conducting council business prior to his suspension and dismissal. The applicant contends that it requires the property so as to redeploy some to lawful council business. The respondent having been relieved of his duties is no longer entitled to possess the property in question.
The respondent on... More
1.On 31 March 2025, the applicant filed the present application on an urgent basis and he was granted an interim interdict against the first respondent without opposition by the first respondent and it was in the following terms: More
An administrative authority that intends to undertake an adverse decision affecting the rights enjoyed by any affected party is legally bound to give proper notice and afford such affected party an opportunity to make representations or be heard before such a decision is taken. This requirement is in terms of the common law rule of natural justice audi alterum partem rule and also in terms of our statute law as provided for in s 3 of the Administrative Justice Act [Chapter 10:28]. As long as due process was not followed, it cannot avail the administrative authority to then come and... More
