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
1. This is an application for the reinstatement of an appeal that was “dismissed” by the registrar in terms of subrule (b) of Rule 46 of the Labour Court Rules 2017. At the hearing of the application a preliminary point was raised by the respondent that the applicant could not be represented by the Commercial Workers’ Union because she was a managerial employee. It was further said that she was also not a member of that union anyway as there were no deductions made by the employer towards her membership of the union. The respondent referred to subsection (1) of... More
Some rules of this Honourable Court were not strictly complied with by the applicant in this application. The applicant is currently residing in the United States of America. Through a General Power of Attorney dated the 12th of June 2017 the applicant appointed and authorized the deponent to the founding affidavit to file this application on her behalf. The deponent to the founding affidavit Savie Munoriarwa filed this application on behalf of the applicant as a self- actor. That explained why some rules of this court were not strictly followed but be that as it may the application was substantially... More
On 11 March 2010 the plaintiff issued summons out of this court seeking the eviction of the defendant from stand 3667 Township of Gweru Township Lands.
Whilst accepting that the plaintiff is the registered owner of the property the defendant resisted the prayer sought by the plaintiff on the basis that she had been invited and offered accommodation by the plaintiff as part of her employment by the plaintiff. The defendant also filed a counter claim where she alleged that as a result of her employment by the plaintiff from 1999-2009 she had accumulated the sum of $6 274-80 in... More
On 25 June 2021 plaintiff issued summons against defendant claiming:
(a) a sum of US$140 000.00 or its Zimbabwe dollar equivalent being cost of replacing an immovable property No. 2657 Aspindale Gated Community, Harare measuring 200 square metres which plaintiff lost to a third party.
(b) a sum of US$6 500.00 or its Zimbabwe dollar equivalent being money expended by plaintiff in legal fees when attempting to enforce the agreement entered into with defendant in case number HC 221/21.
(c) interest at the prescribed rate calculated from date of judgment to date of full payment.
(d) costs of suit on... More
The applicants had their property itemised in the draft order seized by the police pending the criminal proceedings in the Magistrates Court at Mount Darwin. The applicants had mounted a similar application before this court under case number HC3678/21 which the applicants failed to prosecute within the prescribed time frames. This saw the dismissal of the application for want of prosecution filed under case number HC 3731/22 by the respondents. The basis for the present application, according to the applicants is that the goods specified in the draft order are unlawfully held by the police. The applicants further alleged that... More
Esther Hodza-(“Esther”) and Steward Bank Limited (“Steward”) are parties to the current application.In February 2016,they entered into an agent-principal contract (“the contract”). More
This is an application for the rescission of a default judgment of this court under case HC69/22 of the 16th of June 2022. It has been brought in terms of rule 29 of the 2021 High Court Rules. The averments are that the default judgment was granted in the absence of and without the citation and incorporation of applicant who is an interested party. Applicant alleges that the action summons in case HC69/22 where only served on the 3rd respondent who in turn did not oppose, hence the default order. More
