1. This is an urgent chamber application for stay of execution pending review. The applicant seeks a provisional order couched as follows:
Terms of final order sought More
On 6 February 2007 the applicant filed the present application. He prayed for an order that:
a) the appointment of first respondent to the Estate Attwell Garande be and is hereby set aside
b) the agreement of sale and agreement of assignment of stand No 6579 Budiriro 5B Harare done on 17 January 2007 be and is hereby set aside and the property reverts back to the Estate late Attwell Garande
c) the third respondent be and is hereby interdicted from ceding this property to any third parties without the order of this Honourable Court
d) the first and second... More
The late Pension Wakapila died on 28 May 1999. He was survived inter alia by his wife Bridget to whom he was married in terms of the Customary Marriages Act [Cap 5:07] on 5 August 1973. Bridget died on 6 September 2002. Their union was not blessed with children. Before they contracted the union, Pension had children by another woman while Bridget also had a son by another man. This son, Remigio Tawanda Chagonda, was appointed the executor dative of Bridget’s estate by the Assistant Master at Harare Magistrates Court on 6 March 2007, while the other woman in Pension’s... More
: The plaintiffs issued summons against the defendants claiming:
a) That the agreement of sale between the parties in respect of Lot 16 of Lot 20A of Waterfalls be and is hereby declared null and void. More
This is a court application for a declaratory order and consequential relief. The draft order sought is to the following effect.
“IT IS BE AND HEREBY ORDERED THAT
1. The cancellation of the Agreement of sale of stand number 27426 measuring six thousand six hundred square metres situated in the Charumbira Road commercial area of Masvingo signed between the Applicant and Respondent on the 13th of August 2004 by Respondent be and is hereby declared null and void.
2. The Agreement of Sale signed between the Applicant and the respondent on the 13th of August 2004 of stand number 27426... More
The applicants bring this application in terms of s 27 (4) of the Births and Deaths Act, [Chapter5:02], [hereinafter referred to as the Act]. The second applicant was married to the late Elias Jonathan Kanengoni, who for ease of reference, will be referred to as the late Kanengoni. She is the executor of the estate of the late Kanengoni and represents it. More
This is an urgent chamber application for stay of execution in respect of paragraph 4 of a court order under HC 663/20. This order cancelled a certificate of registration of Olympia 7 Mine. The stay is sought pending the determination of an application for upliftment of a bar currently operating against the 1st and 2nd applicants for failure to file opposing papers on an application for confirmation of a provisional order under HC 663/20 as required by the rules of this court. More
This is an urgent chamber application for a spoliation order made by the second applicant in her capacity as the surviving spouse and executrix dative of her late husband, Godfrey Havatitye Sigobodhla and in her own personal capacity.
The first respondent is Takawira Chaonza alleged to have dispossessed the applicants whilst second respondent is the Minister responsible for lands and rural resettlement, amongst other things.
The common cause facts are that the first applicant was issued an offer letter on 13 June 2002, in respect of subdivision 15 of Kildonan R/E farm in Zvimba and the farm unit is described... More
Before the matter was finalized the appellant passed on.An application was made and granted to cite the parties as Estate Late Ishmael Chamisa being represented by the executrix Audrey Chamisa.
This matter comes as an appeal against respondent’s decision to dismiss the appellant. The background to this case is as follows. The appellant was employed by the respondent as a cash collections supervisor. The appellant’s duties included receiving authorised petty cash vouchers after checking them he would make payments. He was the custodian of the petty cash register and was the only person with access to the cash office. On... More
DUBE-BANDA J:In this application the applicant seeks the dismissal for want of prosecution of an application for condonation of the late filing of an application for review under cover of case No. 1513/20. The order sought is couched in the following terms:
It is ordered that:
1. The application be and is hereby granted with costs.
2. The court application filed by respondents under case No. HC 1513/20 of this Honourable Court be and hereby dismissed for want of prosecution in terms of rule 236 (3) (b) of the Rules of this Honourable Court. More
At the center of this application is Subdivision 2 of Nswala (“the farm”). It is in the District of Zvimba under Mashonaland West Province. It is 158.6 hectares in extent.
In June, 2002 the Land Acquiring and Allocating Authority (‘the authority”) who is the first respondent herein allocated the farm to one Partson Reuben Magaya (“Partson”). He did so in terms of an offer letter which he issued to Partson on 11 June 2002. In July 2003, the authority allocated the same farm to one Vengani Ndou who is the second respondent in this application.
Partson, it would appear, remained... More
“Dead men fighting” best describes the scenario in this case. One Reuben Mutuda Jaravaza now deceased, sold an immovable property known as Stand 17321 Salisbury Township also known as 17321 Elephant Close Borrowdale to the now late Richard Makoni in 2002. Long after the two have passed on, a battle rages on as to whether the purchaser, the late Richard Makoni breached the terms of the agreement of sale. His estate seeks a declaratur confirming the purchaser’s rights, and transfer of the immovable property into the purchaser’s estate. The seller’s estate has defended this action. Left to settle the score... More
This is an application for a review in terms of s 27 of the High Court Act [Chapter 7:06]. The applicants are beneficiaries in the Estate of the Late Taurayi Joseph Punungwe wherein the first respondent was appointed an independent Professional Executor dative in terms of s 26 (ii) of the Administration of Estates Act [Chapter 6:01]. Applicants brought a complaint to the second respondent against the first respondent in terms of which they sought the removal of the first respondent on the broad basis that the first respondent was not acting in the interest of both the Estate and... More
The plaintiff issued summons out of this court on 21 March 2016 against the first and second defendants for the cancellation of an agreement of sale entered into by the first and second defendants for the sale of an immovable property known as stand number 972 Tshovani, Chiredzi ‘the property’ , eviction of the first defendant, payment of rentals in the sum of $25 800 collected by the first defendant, holding over damages from 1 April 2016 to the date of eviction of the first defendant at the rate of $300 a month and costs of suit on a legal... More
