The issue arising from this application for a declarator is whether property can be transferred to a donee after the death of a donor. Applicant, Chipo Goto, seeks to have declared null and void, the first and final distribution account in the estate of the late Edith Shope Goto, her mother, and who died on 28 May 2021. She also seeks that the first respondent, Shadreck Tsuro being the executor, sign all documents to distribute and transfer to her, property known as Stand 1207 Mabelreign, Township, held under Deed of Transfer Number 3032/91. More
The present application is an offshoot of proceedings that are pending before this court involving the same parties in HC 3911/21. In that matter, the first respondent herein is the plaintiff, while the applicant herein is the first defendant. The second and third respondents herein are the second and third defendants in that matter. At the centre of the dispute is an immovable property known as Stand Number 3462-9th Crescent, Dzivarasekwa Township, Harare (the property). More
After hearing argument in this application for condonation by a barred party, I dismissed the prayer and gave reasons ex tempore. I now furnish written reasons at the request of applicant. More
The plaintiff sued the defendant herein for damages for malicious prosecution. The relief sought is set out in the summons and declaration as follows:
“The plaintiff’s claim is for:
damages in the sums of:
a) ZWL $18,000,000.00 arising from the malicious prosecution and abuse of proceedings by the defendant together with interest at the prescribed rate from the date of judgment to date of payment in full.
b) USD$6,100.00 being provable legal expenses charged by the plaintiff’s legal practitioners at the time for prosecuting his appeal against conviction and sentence together with interest at the LIBOR rate applicable on the... More
In a divorce action, which the applicant was granted in 2015 in default by the respondent, she was allocated property known as a certain piece of land situate in the District of Salisbury, called the remaining extent of Lot 361 Highlands Estate of Welmoed, measuring 5202 m2, registration number 2476/1996. It is commonly known as 18 Knightsbridge Road, Highlands, Harare. That property was registered in her then husband’s name, George Musanhu, the first respondent herein. The order was straightforward. Within forty-eight hours of the service of the order, he was supposed to have signed over to her the necessary papers... More
This is an application for summary judgment for the eviction of the respondent and any other person claiming occupation or use through him, together with their goods, possessions and chatels from the premises known as sub-division 4 of “Fresnaye” situate in the District of Umzingwane, also known as plot 4 Worringham, Umguza being an immovable property that the applicants own and that the respondent occupied at the applicants’ benevolence which benevolence defendant has spurned. More
This court has been asked by the applicant to review the decision of the respondent of the 14th of October 2022, stamped on the 30th of November, 2022, on the basis of gross irregularity and unreasonableness as well as illegality. The application has been brought in terms of s27 of the High court Act [Chapter, 7:06] as read with s4 of the Administrative of Justice Act [Chapter 10:28]. It is contested. More
