Before hearing this matter I heard an application filed by the respondents under case number HC 8966/16 for condonation for delay in filing opposing papers in this matter. The applicant herein did not oppose such application on condition the respondents pay costs for such application. Mr Mukucha left the issue of costs in the court’s hands. It is my view that it is appropriate that the respondents pay such costs. More
The actions of an Anglican Church priest David Dhlomo the first defendant, in selling his deceased mother’s house to second and third defendants without the knowledge of his siblings have resulted in the plaintiff (his sibling) dragging both the man of the cloth and the purchasers to court. The transaction has resulted in far reaching consequences for the parties factually, legally and financially. More
The head case of Rogers v Rogers 2008 (1) ZLR 330 (S) lays out when the court will exercise its power in terms of r 79 (2) of the High Court Rules, 1971 to stop an action which is frivolous and vexatious. The remedy will be granted sparingly as it is an extraordinary one whose effect is to interfere with the right of access to court. More
Chikwavadombo Mastick Marange [“Chikwavadombo”] died on 8 September 2005. He was the substantive Chief Marange. Two persons acted in his place and stead, each in turn, after his death. These were one Ringisai Noah Marange and one Gilbert Marange. The first respondent eventually succeeded him as Chief Marange. More
This application was brought to me on an urgent basis. The applicant seeks the following relief:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That all title deeds processed by 1st respondent through the invalid certificate of compliance be declared invalid.
2. That the 2nd respondent be and are (sic) hereby directed to cancel all title deeds processed in terms of the invalid certificate of compliance.
3. 1st and 2nd respondent shall pay costs of suit on legal practitioner clients scale. More
