The plaintiff (hereinafter referred to as “Tshuma”) issued summons out of this court in February 1994 seeking the eviction of the first and second defendants (hereinafter referred as “the Musemburis”) from a property known as number 18 Ridgeway South, Highlands, Harare (hereafter referred as “the property”) and payment of damages. The Musemburis counterclaimed for the cancellation of the transfer of the property to the applicant and the subsequent transfer of the same property to them. The two matters were consolidated and are the subject matter of this trial. More
One usually expects that once a married couple agrees to end their relationship premised on irretrievable breakdown, then they ought to come to a settlement in respect of some if not all ancillary issues. There appears to have been acrimony that militated against that in the present matter, such that the court has to parcel out mundane items like knives. More
The applicant is the lessor of premises known as Rear Room, Chesterton House, 42 Sam Nujoma Street, Harare. On 31 August, 2009, through its agents CB Richard Ellis, it entered into a written lease agreement in respect of the premises with the first respondent. The first respondent was represented by its director, the second respondent as surety and co-principal debtor. The period of the lease was to run for two years from 1 February, 2009 to 31 January, 2011. The basic rent was pegged at US$150 per month from 1 February, 2009 to 30 June, 2009 and was subject to... More
: The respondent being barred for failure to file heads of argument in terms of the rules of this court and no application for the upliftment of the bar having been made, the applicant is entitled to the relief sought More
On 27 July 2010 and in case number HC 5120/10 the same applicants in this matter filed an urgent chamber application seeking to have execution stayed pending the determination of an application for rescission of judgment issued against them in case number HC 271/10. Counsel representing the applicants had submitted before my brother judge PATEL J that the filing of the urgent chamber application had been preceded by the filing in this same court of an application for rescission of judgment. More
Sometime in August 2005 and at a sale in execution the applicant purchased the first respondent’s rights title and interest in Stand 124, The Grange Township of the Grange commonly known as number 4 Wroxham Road The Grange Harare (the property). On 7 September 2005, the second respondent confirmed the sale. The first respondent then filed and objection to the sale in terms of rule 259. The second respondent dismissed the objection on 4 October 2005. More
Both plaintiffs are employees of the Reserve Bank of Zimbabwe. On 21 October 2008 they were traveling from Mutare to Harare in a Toyota Camry registration number ABF 9500 in the course of duty. More
