This is an appeal against the whole judgment of the High Court which set aside the agreement of sale between the appellant and the fifth respondent, the compliance certificate issued by the third respondent to the fifth respondent and the transfer of subdivision 40715 Harare Township to the appellant under Deed of Transfer 7167/18. More
The applicant instituted eviction proceedings in the Kadoma Magistrates court against the respondents from a property called Stand 197 Kadoma Township, Kadoma. The claim for eviction was dismissed by the court a quo. The date of judgment is in dispute between the parties. The applicant which appear attached a copy of the handwritten judgment to its founding affidavit. There are two dates which appear at the end of the judgment. The dates are 19 December, 2018 which is handwritten with the magistrate’s signature on the side. Below the date and signature, there is franked thereon the official court stamp of... More
I heard this application on 7 December, 2021. I delivered an ex tempore judgement in which I dismissed the same with costs.
The High Court registrar addressed a letter to me. He did so on 2 March, 2021. He requested reasons for my decision. He advised that the applicant intends to appeal my decision. These are they:-
The applicant applied for a stand at the Remainder of Carrick Creagh of s 4 of Borrowdale Estate, Carrick Creagh Township, Harare. He filed his application through Sally Mugabe Housing Co-operative (“Sally”) on 27 March, 2007. He was/is a member of Sally. More
The three applicants were arraigned before the Magistrates Court on three (3) counts of robbery. They applied for bail pending trial. The National Prosecuting Authority filed a response to the application in which it is not opposed to the granting of bail. More
The chronology of events leading to the filing of an exception is as follows;
The plaintiff issued summons against the defendant on 29 December 2020. The summons and declaration were served on the defendant on 3 March 2021. The defendant entered an appearance to defend on 12 March 2021. On 29 March 2021 the defendant filed and served on the plaintiff a request for further particulars. Plaintiff’s further particulars were supplied on 30 March 2021. Thereafter the parties started to exchange correspondence with the defendant expressing the inadequacy of the supplied further particulars and the plaintiff taking a different view.... More
In this urgent chamber application the applicant seeks a provisional order in the following terms:
‘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. It be and is hereby declared that the monies due under the Political Parties Finance Act belong to the applicant, MDC Alliance led by Nelson Chamisa.
2. 1st and 2nd respondents be and are hereby ordered to pay all moneys due to the MDC Alliance led by Nelson Chamisa in terms of the Political Parties Finance Act through its... More
This matter came up as an appeal from a judgment of the Magistrates Court sitting at Masvingo on 2 March, 2018. In the court a quo the now respondent applied for and obtained an order of eviction against the now appellant. The background of the matter is as follows:-
The respondent is the owner of 18 Msasa Road, Westonlee, Mashava which was built to house its employees. The said house was allocated to Juma Phiri then an employee of respondent. It was tied to his employment it being understood that the said house remained the property of respondent and applicant... More
