This is an urgent chamber application filed, in the main, by a political party operating under the name the Citizens Coalition for Change (‘CCC’) for an interdict prohibiting the first and second respondents from disbursing funds to the third respondent in terms of the Political Parties (Finance) Act [Chapter 2:11] (‘the Act’). More
The applicant, Citizens for Coalition Change, a political party (“the party”) claims that it was in peaceful and undisturbed possession or occupation of its offices which are situated at Stand 41, Fort Street, Between 2nd and 3rd Avenue, in Bulawayo (“the property”). Its statement is that on or about 30 January, 2024 the respondent, one Nelson Chamisa (“Chamisa”) forcibly took control, occupation and possession of its property. He did so, it insists, through his agents, assignees, proxies and/or employees (“his alleged team”). These, it avers, proceeded to paint the property and its precast wall in blue and black colours. They,... More
The Appellant approached this court by way of appeal seeking to challenge the decision of the Magistrates Court sitting at Harare on 4 July 2023. The respondent in the court a quo made an application seeking to recover from the Appellant, the sum of US$2 360.00 together with interest at the prescribed rate with effect from 30 July 2022 up to the date of final payment. The application was referred to trial and the respondent was successful in his claim. More
This is an appeal against the whole judgment of the Magistrates Court handed down by Magistrate L Ncube at Harare in case number on HREC-CG 4050/22 on 23 November 2022. On 7 April 2022, the first and second respondents entered into a lease agreement in terms of which the second respondent leased to the first respondent, premises known as Machipisa Bar and Silver Room Tarven, Stand 4292, Machipisa, Harare (hereinafter referred to as the property or the premises). The monthly rental was US$3, 500.00 to be paid monthly before the first day of the month. The duration of the lease... More
We heard the above appeal on 19 September 2023 and granted it on the following terms:
1. The appeal succeeds with costs.
2. The order of the court a quo be and is hereby set aside and is substituted with the following order:
a. That the plaintiff’s claim for eviction is hereby upheld
b. That the defendant and all those claiming occupation through him are hereby ordered to give vacant possession to plaintiff, failing which they are to be evicted from Shop Number 16, Samora Machel Parkade, Harare, being plaintiff’s premises. More
Applicant applied to this Court for rescission of judgment which Respondent opposed.
At the onset of oral argument respondent raised 4(four) points in limine. The Court will deal
with the 2 points which are dispositive of the matter. More
This is an appeal against the whole judgment of the High Court of Zimbabwe (“the court a quo”) sitting at Harare dated 10 November 2021. In the court a quo, the first and second respondents issued summons against the appellant for cancellation of its title deed over a certain piece of land situate in the district of Salisbury called Stand 2465 Glen Lorne Township (hereinafter called ‘the property”). The appellant counter claimed for their eviction from the property and holding over damages. Judgment was entered for the first and second respondents as against the appellant. It is that judgment that... More
