This matter has had an unusually long and tortuous history dating back to January 2003. It has eventually come to trial on the following agreed issues: (i) whether the plaintiff bought Stand No. 6357, Glen View, Harare, from the 2nd, 3rd and 4th defendants’ late father; (ii) whether the 1st defendant was a bona fide purchaser of the property; (iii) whether the 2nd, 3rd and 4th defendants were entitled to cede the property to the 1st defendant; and (iv) whether or not the cession should be reversed and title be passed to the plaintiff. Related to these issues is the... More
On 8 January 2010 the applicant filed this application seeking the following relief:
“It is ordered that:
1. The cancellation of the Lease Agreement between the parties be and is hereby confirmed.
2. The first respondent and all those claiming occupation of the property being No. 74 Douglas Road, Workington, Harare through it be and are hereby ordered to vacate the property forthwith failing which the Deputy Sheriff be and is hereby authorized to evict them at their expense.
3. That the respondents pay arrear rentals in the combined sum of US4 418-00 jointly and severally the one paying the... More
The appellant was convicted by a regional magistrate on four counts of rape. He pleaded not guilty but was convicted on all four counts after a full trial. He was sentenced to 12 years imprisonment of which 4 years were suspended on conditions of good behaviour. The four counts were treated as one for purposes of sentence. More
On 29 March, 2011 I dismissed unconditionally an application for summary judgment by the applicant.
On 4 May, 2011 I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made pursuant to s 43(2)(d) of the High Court Act, [Cap 7:06]. More
The plaintiff has sued the defendants for eviction under separate case numbers. The defendants filed their respective pleas and subsequent to their having entered appearance to defend the plaintiff has filed individual applications for summary judgment against all of the defendants. The applications are vigorously defended. At the instance of the parties the matters have been consolidated as the basic facts surrounding the dispute and the issues are identical. More
On 23 June 2004 under Case No. HC 8385/03 this court issued an order in favour of the second respondent herein in default of appearance of the first, third and fourth respondents herein. The order was corrected by an order issued by this court under Case No. HC 4071/06 dated 26 July 2006. The correction was intended to give effect to the execution of the order of 23 June 2004.
The orders described above entitled the second respondent to have the right title and interest in certain immovable property, namely 221A Nedlaw Suburbs, Rimuka transferred from the first and fourth... More
This is an application for summary judgment wherein the applicant seeks the following relief:-
(a) An order evicting the respondent from premises known as 36 Miranzi Road, Kambanji, Harare.
(b) Payment of arrear rentals in the sum of US$16 00 for the months of July 2009 to December 2009.
(c) Holding over damages at the rate of US$300 monthly from January 2010 up to the time the respondent vacates or is enacted from the premises, and
(d) Costs of suit. More
