On the date of hearing of this appeal, the respondent raised two preliminary points. The first preliminary issue was that the appellant’s heads of argument were filed out of the prescribed time frame. The second issue was that the grounds of appeal did not raise questions of law and therefore improperly before the court. More
In 2012 the appellant in this matter sold his house at No.30 Arundel School Road, with the conveyancing was done by the first respondent (a legal practitioner). From a series of actions and applications brought before the courts, it was accepted that the first respondent misappropriated some of the proceeds from the sale of the immovable property. Consequently, the appellant successfully instituted legal proceedings against the first respondent and obtained a judgment against him in 2015. Despite a multiplicity of legal proceedings at the instance of the first respondent, the appellant managed to place a caveat on the latter’s immovable... More
This application is titled “court application for unlawful disposal of deceased’s immovable property.”The 1st, 5th, 6th, 7th, 8th, 9th, 10th and 11threspondents neither filed opposing papers, nor participated in these proceedings.The 3rd and 4threspondents are cited in their official capacities because the implementation of the order sought by the applicant, if granted may require their services. This application is opposed by the 2nd respondent. The applicant seeks relief couched in the following terms:
i. The certificate issued by the Deputy Master under section 120 of the Administration of Estates Act be and is hereby set aside.
ii. The disposal of... More
The applicants are all facing allegations of armed robbery in contravention of section 126 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). This is an application for bail pending trial brought by the applicants on the premise that they are suitable candidates for bail. The state opposes the application. Three bail applications have been consolidated and dealt with as one matter. The facts giving rise to the allegations against applicants relate to the same facts and subject matter. The state argues that there is a strong prima facie case against all the applicants and that there are... More
This is an application for a declaratur in terms of section 14 of the High Court Act (Chapter 7:06). The order sought by the applicant in the Draft Order as amended is in the following terms: More
The plaintiff instituted anactiorei vindicatioaction and consequential relief in the form of holding over damages initially against the first and second defendants. The original summons and declaration were issued on 28 October 2016. By way of an amendment to the summons and declaration issued on 31 October 2018, the third defendant was added as a party to the proceedings in his capacity as the Executor Dative to the estate of the Late Edmore Tererai Chitiyo (the late Chitiyo). More
