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Passing of Ownership, Proof of Title and Jus in re Propria re: Subdivisions, Land Developments and Servicing of Stands

HB20-09 : KIZITO MUTSURE vs ICHABOD MURINGISI
Ruled By: NDOU J

Where the piece of land is governed by the Rural Land Act [Chapter 20:18], issues pertaining to its lease or alienation are provided for under section 8, which provides: "Land may be leased or alienated to a single individual or to a single corporate body but not to two or more persons jointly, without the ...
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HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

The plaintiff sues for the eviction of the defendant from her plot while the defendant counter-sues for the transfer of title, rights and interest in a portion of the same plot. The plaintiff testified and called the evidence of two other witnesses who were her daughter, Eneresi Simon, and an employee of the Epworth Local Board, Cagewell ...
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HB111-11 : CHRISTOPHER MOYO vs OBERT CHINHAMO
Ruled By: MATHONSI J

The applicant and the respondent are neighbours occupying adjoining farmland, being Lot 2 of Biano of Woodlands occupied by the applicant and the remainder of Biano of Woodlands occupied by the respondent. The land was previously owned by one Africa Ncube who subdivided it and sold Lot 2 of Biano of Woodlands to one ...
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HH37-11 : STANSILOUS K MTIZIRA vs EPWORTH LOCAL BOARD and MAPANZURE and ELPHAS UTETE and ZACHARIOUS GODI
Ruled By: CHATUKUTA J

The last issue for determination, as raised by the applicant, is whether or not the first respondent falls under the ambit of section 39 of the Regional, Town and Country Planning Act [Chapter 29:12]. Section 39(1)(a) of the Regional, Town and Country Planning Act [Chapter 29:12] prohibits the subdivision of any property without a permit ...
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Appealed
HH122-11 : DAVID KATERERE vs COSMA CHIANGWA and ROBERT CAMPBELL-LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: MAVANGIRA J

In 1999, the applicant herein entered into an agreement of sale in terms of which he purchased an immovable property from the estate of the late Johanna Maria Fransisca Logan as represented by the executrix testamentary of the estate.The immovable property, described as Stand 382 Good Hope Township of Subdivision ...
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HB154-11 : NATIONAL BLANKETS LIMITED vs DAVID WHITEHEAD TEXTILES LIMITED
Ruled By: KAMOCHA J

Finally, the respondent submitted that the transaction would have been, in any event, null and void ab initio even if the applicant had proved the existence of the alleged agreement as it would have been in contravention of the provisions of section 39 of the Regional and Town Planning Act [Chapter 29:12]. Section 39 of ...
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SC24-16 : GUARDFORCE INVESTMENTS (PRIVATE) LIMITED vs SIBONGILE NDLOVU and THE REGISTRAR OF DEEDS N.O. and THE DEPUTY SHERIFF
Ruled By: CHIDYAUSIKU CJ, GOWORA JA and MUTEMA AJA

The High Court dismissed the appellant's case on the ground of want of prosecution. The appellant appeals against that judgment. The second and third respondents are in default. I shall refer hereinafter to the first respondent as “the respondent.” The background of the case is as follows. On 1 November 2006, the appellant bought ...
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HH478-15 : MUKUVISI TASHINGA HOUSING CO-OPERATIVE vs DANNY MUSUKUMA and LAST MBIZVO and CHARLIE DENGA and MSASA PARK (PRIVATE) LIMITED and ZANU P.F
Ruled By: MATHONSI J

Section 39(1) of the Regional Town and Country Planning Act [Chapter 29:12] provides: “Subject to subsection (2), no person shall - (a) Subdivide any property; or (b) Enter into any agreement – (i) For the change of ownership of any portion of a property; or (ii) For the lease of any portion of a property for a period ...
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HH134-15 : SHEM CHIVHUMBA MLAMBO vs ISAAC MUTAMBI PHIRI CHIKATA
Ruled By: ZHOU J

Section 39(1) of the Regional, Town and Country Planning Act [Chapter 29:12] provides as follows: “Subject to subsection (2), no person shall – (a)…,. (b) Enter into any agreement – (i) For the change of ownership of any portion of a property; or (ii)…,.;or (iii)…,.; (c) Except in accordance with a permit granted in terms of section forty.”…,. I drew the attention of the plaintiff's legal practitioner ...
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Appealed
HH151-16 : SHORAI NZARA and ARROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN and vs CECILIAH KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: MAFUSIRE J

It is trite that in terms of the Regional, Town and Country Planning Act [Chapter 29:12] an agreement to, among other things, sell a subdivision of a piece of land without a subdivision permit is invalid and therefore unenforceable….,. The issue whether or not, apart from the seller or owner of a piece of land, any other interested party, ...
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HH392-16 : EUNICE DZANGARE and WISH PROPERTIES (PVT) LTD vs CHAMPION CONSTRUCTIONS (PVT) LTD and ELIZABETH CHIDAVAENZI and REGISTRAR OF DEEDS
Ruled By: TSANGA J

In this opposed matter before me, I find the African proverb that “the best way to eat an elephant in your path is to cut him into little pieces,” metaphorically apt in this instance (I assume, of course, that the proverb relates to a dead elephant). I say this because in order to decide on ...
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HH52-09 : NEIL BRUCE vs ECONET WIRELESS (PVT) LTD and CITY OF HARARE
Ruled By: OMERJEE J

The plaintiff is a private person, residing at Stand 64 of Lot 7A Colne Valley, commonly known as No.5 Wellburn Drive, Ballantyne Park, Harare. The first defendant, is Econet Wireless (Pvt) Ltd, a company duly incorporated in accordance with the laws of Zimbabwe and the second defendant is the authority ...
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SC02-21 : EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA vs KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: PATEL JA, BHUNU JA and BERE JA

This is an appeal against the judgment of the High Court granting an application for specific performance lodged by the first respondent against the appellants. Apart from granting the relief sought, including the payment of damages in the alternative, the court a quo also ordered the appellants to pay costs ...
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HH458-19 : KNOWE RESIDENTS AND RATEPAYERS ASSOCIATION vs EDDIES PFUGARI (PVT) LTD and EDWARD NYANYIWA and NORTON TOWN COUNCIL and REGISTRAR OF THE HIGH COURT
Ruled By: FOROMA J

This matter was originally filed as court application for contempt of court and ancillary relief. BERE J…, referred the matter to trial.At the pre-trial conference held before MAKONI J…, the issues were agreed upon as follows:(1) Whether or not the first and second defendants are in contempt of court in ...
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HH261-16 : KARNEC INVESTMENTS (PRIVATE) LIMITED and ROBERT STRONG vs ECONET WIRELESS (PRIVATE) LIMITED
Ruled By: TSANGA J

This is an opposed application in which the applicants seek that the respondent, Econet Wireless (Private) Limited (“Econet”), be fined for contempt of a court of an order granted on 4 February 2011 by consent of both parties.In terms of the order that was granted, Econet was to desist forthwith ...
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SC37-09 : EDDIES PFUGARI (PVT) LTD vs KNOWE RESIDENTS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

This is an appeal against the judgment of the High Court directing the appellant to fully service residential stands in Phase 1 of the Knowe Housing Development in Norton.The facts of this case are these:The appellant, a private company, is a property developer whilst the respondent is an association of ...
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SC61-21 : COSMA CHIANGWA vs DAVID KATERERE and ROBERT CAMPBELL LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE AJA

This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 15 June 2011 wherein the court a quo granted an application for a declaratur that the sale and transfer of Stand 382 Good Hope Township to the appellant was null and ...
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SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

After hearing argument from the parties, the High Court of Zimbabwe made an order dismissing the application filed by the appellants in terms of section 85(1) of the Constitution of Zimbabwe. The court also ordered the appellants to pay the costs of the application.This followed a finding by the court ...
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HH94-16 : THE MILTON GARDENS ASSOCIATION and SYRIL MUPANGURI vs TECLA MVEMBE and CHAMPION CONSTRUCTORS (PVT) LTD and REGISTRAR OF DEEDS, HARARE and THE SURVEYOR GENERAL
Ruled By: DUBE J

This is an application for rescission of a default judgment granted under HC7398/11.The application is brought in terms of Rule 449.The first applicant is an association of members and will hereinafter be referred to as The Association.Its members purchased Stands at a property known as Newark of Hilton of Subdivision ...
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CC11-21 : LIZIWE MUSEREDZA and 385 OTHERS vs MINISTER OF AGRICULTURE, LANDS, WATER AND RURAL RESETTLEMENT and MAPARAHWE PROPERTIES (PVT) LTD and OTHERS
Ruled By: GWAUNZA DCJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and UCHENA AJCC

After hearing argument on the preliminary point whether the applicants required leave of the court to bring their application, the court ruled that leave was necessary.Having been filed without leave, the matter brought by the applicants was struck off the roll with no order as to costs with the court ...