[1] This is a court application to compel the first respondent to issue a rates clearance certificate to the applicant. The application is opposed by the first respondent.
[2] The factual conspectus leading to the current application is that on 9 January 2023, the applicant entered into an agreement of sale with Tinashe Muchivete Zenda, who was acting in his capacity as the Executor Dative of the Estate Late Sydney Kundishona. The agreement was for the sale of an immovable property, known as stand number 1090 Dema Township, situate in the District of Goromonzi measuring 1554 square metres, held under... More
The plaintiff issued summons against the defendant seeking a declaratur that the sale agreement for land between the parties was valid and binding with the consequential relief that defendant be interdicted from selling Lot 18, 19, 20, 21 and 38 to other persons. The further relief was that Lots 18,19,20,21,and 38 be declared plaintiff’s lawful property, with the consequential relief that , and since he paid for the land, defendant be compelled to pass delivery/transfer of the lots to plaintiff. On the contrary, the defendant raised two defences: firstly, that the agreement was invalid as it was contrary to the... More
The applicant seeks relief by way of summary judgement. The relief sought is set out in the draft order accompanying the application as follows:
“1. Summary judgement be and is hereby granted.
2. Defendant shall pay the sum of US$33 000 to plaintiff or the equivalent thereof at the prevailing inter-bank rate made up as follows;
a) US$18 000 for explosives sold to the defendant.
b) US$14 500 being arrear rentals for mining compressors.
c) US$500.00 being damages for repair of the damaged compressor.
3. Interest thereon at the prescribed rate from the date of summons to date of full... More
This is an appeal against the respondent’s decision to dismiss the appellant. The appellant raised four grounds of appeal as follows:
‘1.The Respondent’s appeals committee erred at law in failing to make a finding that the charge against the Appellant was unsustainable at law to the extent same was premised on a document whose authenticity was questionable. More
This matter came as an appeal against the whole judgment of the Magistrate sitting at Harare Magistrate Court. Plaintiff issued summons for defendant’s eviction from stand 7593 Warren Park Harare (hereafter called the property).Plaintiff contended that he purchased the property in 2006. Defendant contended that he purchased the property in 2002. The property in question, an undeveloped vacant stand was owned by Saltana Enterprises (Pvt) Ltd (Saltana). Saltana underwent judicial management. Defendant bought the property from Ernest Pahwaringira a senior director of Saltana in his personal capacity. Plaintiff bought the property from the judicial manager under Tudor House Consultants. Plaintiff... More
I heard this application on 16 July, 2024. I, on the strength of the preliminary point which the first respondent raised, struck it off the roll with costs. I did so by way of an ex tempore judgment. More
On the 4th of June 2015, the applicant was convicted of murder with actual intent by this court siting at Masvingo. The presiding judge, BERE J, found that the murder was committed in extenuating circumstances arising from intoxication and provocation thereby sentencing the applicant to imprisonment for 25 years. More
