The Appellants issued out summons in the lower court for the eviction of first and second respondents from number 20625 Cranbrook Park Ruwa (the property) and claimed costs of suit on an attorney and client scale. Appellants are husband and wife. First and Second respondents are also husband and wife. In the Particulars of Claim, Appellants alleged that the property was initially bought by the second Appellant from third respondent sometime in the year 2002. It was nonetheless transferred to the first Appellant after a mix-up in sales. In 2015 the property was ceded by first Appellant to one Kelvin... More
This is an urgent chamber application for an interdict. The matter is opposed. The order sought is couched in the following terms:
“INTERIM RELIEF SOUGHT
Pending confirmation or discharge of the order the applicant is granted the following interim relief:-
1. 1st and 2nd respondents and their employees, agents or assignees be are hereby ordered to stop milling operations in an area approximately 20.9 hectares within the Mining District of Midlands, as specifically described in Special Grant 8841 dated 12 October 2021.
2. Failing which the 4th respondent be and is hereby ordered to enforce this order More
: This matter is decided on the papers without the benefit of oral submissions as agreed to by counsels. This is an opposed application for an interdict in which the applicant seeks an order in the following terms; More
ZISENGWE J: This dispute is the latest instalment in a series of legal battles waged between the applicant and 1st respondent at whose heart lies the question of whether or not the 1st respondent is the legitimate surviving spouse of the late Aube Musanhu who died intestate in 2006.
The applicant is the brother of the late Aube Musanhu and his position is that the 1st respondent (as with the 2nd and 3rd respondents) is a masquerade as she was never married to Aube Musanhu. He avers that the 1st respondent was merely involved in an adulterous relationship with the... More
1. The plaintiff seeks an eviction order against defendant and all those claiming throughhim from stand Lot 1 of subdivision B of subdivision B of Deneys situate in the district of Gwanda (property). The order is sought on the basis of an alleged unlawful occupation of the property by the defendant. More
The facts of this matter require mentioning with a bit of detail. The applicant and the late Dr Herbert Sylvester Masiyiwa Ushewokunze (“Dr Ushewokunze”) were in a love relationship from 1981 to 1983. Dr Ushewokunze purchased and registered in the applicant’s name three properties (on 16 February 1983), namely: More
This application was filed as an urgent court application in terms of the s 85(1)(a) of the Constitution of Zimbabwe (the Constitution). The applicant has since June 2020, been appearing as a State witness before the fourth, fifth and sixth respondents in a matter in which certain persons stand charged with perjury and malicious damage to property. From July 2020, the applicant has been appearing as an accused person before the third respondent in a matter in which he faces a charge of fraud. The persons appearing as accused persons in the perjury and malicious damage to property charges are... More
