This is a ruling in an application for absolution from the instance at the close of the plaintiff’s case. The basic circumstances are as follows:
The plaintiff is a son to the first defendant. On the 2nd October 2013, the plaintiff issued summons against the first and second defendants seeking an order in the following terms:
1. An order declaring the agreement of sale entered into between the parties in 2001 legal and binding upon the parties
2. An order transferring the right, title and interest in House No. 1740 St. Mary’s Chitungwiza to the Plaintiff within 21 days of... More
A counter-claim is the defendant’s claim against the plaintiff. It must have a cause of action. Whilst it is filed together with the defendant’s plea, a counter-claim exists independently of the plaintiff’s claim. A defence which is couched in the words counter-claim defies logic, the rules of court and procedural law. More
It is common cause that sometime in March 2005, the defendant purchased Stand No. 239 Glenview Township of Lots 1-548 of Subdivision D of Subdivision A (the property) from one Douglas Nyaude through Graham and Douglas Real Estate. In a case of a double sale, Douglas Nyaude sold the same property to the plaintiff sometime in September 2009. The plaintiff commenced constructing a structure on the property. On 14 November 2014, the defendant filed an application under case number HC 13223/12 seeking a declarator that he was the owner of the property and an order compelling Douglas Nyaunde to transfer... More
The applicants’ journey to justice is long and arduous. Their case passed through the hands of not less than six (6) judges of this court. I am the seventh in the queue of judges. As I write this judgment, the case is not coming to finality soon. I am dealing with an interlocutory matter. Two or more judges may deal with the rest of the case. When they will do so will depend on the outcome of this judgment. More
The appellant is a former owner of Clifton of Lang, Mberengwa, measuring 2025, 8116 hectares (the farm). The farm was acquired by the Government and became State land in terms of the Government Gazette Extra Ordinary Volume LXXVIII No. 50, General Notice 457A of 2000 published on 6 October 2000. More
