Parties to this matter agreed that the matter should proceed as a stated case. As a result they submitted a statement of agreed facts which as laid out the agreement and turn of events which led to the dispute in question. Parties further set out the issues which needed to be resolved in this matter More
The dispute in this case revolves around the 4th defendant’s registration of the will of one Martin Philip Motsi, who died on 10 September 2002, and the subsequent appointment of the 3rd defendant as the executor of Motsi’s estate. The principal assets of the estate consist of three immovable properties. Apart from the 3rd and 4th defendants, the parties are related to one another.
The primary issue for determination is whether the will was in fact executed by the deceased and whether the Master erred in accepting that will. The secondary issue is whether or not the 3rd defendant’s appointment... More
MTSHIYA J: This is an opposed application where the applicant seeks confirmation of a provisional liquidation order granted on 24 March 2010, which order read as follows:-
“1. The applicant, RADIATOR & TINNING (PRIVATE) LIMITED, is provisionally would up, pending the grant of an order in terms of paragraph 3 of the discharge of this order. More
The appellant employed by the respondent as a buyer. He was found to have caused the purchase of some equipment without following the appropriate process. In the result the equipment which was purchased cost the respondent substantially more than had the appropriate process been followed. More
The plaintiff seeks in this matter an order declaring as null and void an agreement of sale entered into by and between Kingdom Mutungwazi and Ezekiel Mtapuri in respect of an immovable property called Lot 3 of Zuvanyika measuring 5.3523 Morgen including what is described as a 16 rooms compound.
After the closure of the plaintiff’s case an application for absolution from the instance was made on behalf of the defendant. The application was dismissed with costs on 20 June 2009.
The trial resumed and after the closure of the defendant’s case the parties were directed to file written closing... More
Plaintiff issued summons out of this court seeking an order
1. Directing the defendant to take all necessary steps to cede the rights in House No. 170 Mkoba 13 , Gweru to the plaintiff,
2. That if the defendant failed within 14 days of the court’s order to take the necessary steps, the deputy sheriff Gweru be authorized to take such steps on defendant s behalf, and
3. Defendant to pay cost on the legal practitioner and client scale More
The applicant has approached this court for an order in the following terms:-
1. It is declared that the lease agreement between the applicant and respondent dated 16 April 2007 in respect of 5 Martin Drive Msasa does not confer upon respondent any option to renew the lease.
2. The respondent shall pay the costs of this application in the event of it being opposed by the respondent More
