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Lease Agreements re: Agreement of Lease with a Local Authority and the Registration, Sale and Cession of Rights

HH176-12 : HENRY MUSHAMBI vs EXECUTOR, ESTATE MIRIAM MUNEMO (nee MADENGA) and EXECUTOR, ESTATE FAINA MUNEMO (nee MARUMURE) and ELIZABETH NZIRAMASANGA and DIRECTOR OF HOUSING, CITY OF HARARE
Ruled By: HUNGWE J

The plaintiff issued summons against the first, second, third and fourth defendants claiming the following relief: 1. An order that the fourth defendant takes all the necessary steps to pass possession of Stand Number 9314, Budiriro Township, Harare, within 48 hours of the order of court. 2. An order that if the fourth defendant fails, within 48 hours ...
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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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HH119-09 : ISAAC MANDI vs GRACE MCHICHWA (as Executrix Dative Estate Late Peter Kandeya) and RUWA LOCAL BOARD and MINISTRY OF LOCAL GOVERNMENT
Ruled By: GOWORA J

On 15 October 2009, after hearing counsel, I dismissed this application with costs. The applicant's legal practitioners have now indicated that they require reasons for the dismissal and these are they: During his lifetime, Peter Kandeya entered into an agreement with the third respondent in terms of which he, Peter Kandeya, leased from the respondent certain premises known ...
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HH124-09 : MAXWELL TAWODZERA AND MARGARET TAWODZERA vs DANNY MASUKUMA
Ruled By: MAKARAU JP

On 16 January 2009, the first plaintiff ceded his rights in the two properties to the defendant with the consent of Pfura Rural Council, the local authority under whose jurisdiction the properties fall. The first plaintiff readily admitted his naivety in ceding his rights in the properties before the full purchase price had been paid. He ...
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HH154-09 : PETHIAS CHITSUNGO vs D. MASUKU and RUWA LOCAL BOARD
Ruled By: MTSHIYA J

This is an opposed application where the applicant seeks the following relief:- “1. Applicant shall deposit $10,000,000,000= into the Registrar of High Court's temporary deposit account the outstanding balance towards the purchase price of Stand No.3519, Dzivaguru Crescent, Ruwa, for first respondent. 2. Thereafter, first respondent shall proceed to cede his rights, interests and title in Stand No.3519, Dzivaguru Crescent, ...
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HB76-09 : MAXWELL CHAITIKA vs ZIMBABWE NATIONAL WATER AUTHORITY
Ruled By: CHEDA J and NDOU J

This is an appeal against the trial court's order of eviction. The history of this matter is that the appellant was employed by the President's office at the department of Central Intelligence Office and was based at Beitbridge. During his employment he was allocated House Number 795 Dulibadzimu Township, Beitbridge. The circumstances surrounding this matter are that the respondent constructed ...
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HH45-10 : CHRISTMAS MUSONI vs NABOTH JOKONOKO and SHURUGWI TOWN COUNCIL
Ruled By: CHITAKUNYE J

The plaintiff sued the two defendants claiming basically for his restoration as the registered buyer of House Number 360 Makusha Township, Shurugwi.In his summons and declaration, the plaintiff alleged, that, on 20 August 1981 he entered into a written agreement of sale with Dickson Katerere (“D. Katerere”) in respect of ...
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HH227-10 : MIKE MAKOPE vs GEOFFREY DZUMBUNU and REGISTRAR OF DEEDS N.O. and MINISTER OF LOCAL GOVERNMENT
Ruled By: MAVANGIRA J

The plaintiff issued summons in which he claims for an order setting aside the cancellation of an Agreement of Sale between him and the first defendant and an order for specific performance for the delivery of the property, being a flat called Block 12, Room 93, Mufakose Flats. He later, by consent, amended his claim by adding ...
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HH03-10 : ESTHER MWANYISA vs ENETI JUMBO and ISABEL SAMURIWO and MTIKUMBURA MOFFAT and THE CITY OF HARARE and THE MASTER OF THE HIGH COURT and ANOTHER
Ruled By: MAKARAU JP

In January 2003, the first respondent attempted to evict the applicant from the applicant from the property using the Order she had obtained from this court in June 2002, and which was confirmed in August 2002.The applicant successfully resisted the eviction, arguing that she was not occupying through anyone but ...
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HH25-14 : STEVEN VHAVHA vs MSIZI DUBE and THE DIRECTOR OF HOUSING, CHITUNGWIZA and MUNICIPALITY OF CHITUNGWIZA and NANCY KUTYAURIPO
Ruled By: CHITAKUNYE J

The evidence…, from both parties brings to the fore such issues as:-a) Whose rights and interests did the 1st defendant buy in Stand 8237 Unit K, Seke, Chitungwiza?b) Did that person have such rights and interests in the property to sell?From the pleadings filed of record and evidence adduced, it ...
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HH160-09 : SMART GONONDO vs ALICE MUTEPFA and PORTIA NYAMAROPA and CITY OF MUTARE (DIRECTOR OF HOUSING)
Ruled By: MAVANGIRA J

On 15 November 1996 the applicant and the first respondent entered into an Agreement of Sale in terms of which the applicant purchased from the first respondent an immovable property known as Stand No.6670 Chikanga 3, Mutare. The purchase price was agreed at $18,000=. Of this amount, $10,000= was paid on the date of the ...
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HH103-09 : U-TOW TRAILERS (PRIVATE) LTD vs CITY OF HARARE and SUPERLUX (PRIVATE) LIMITED
Ruled By: MAKARAU JP

The brief background facts to this matter are largely common cause. I set them out as follows:In 1994, the applicant entered into a lease agreement with the first respondent in respect of certain premises situate at Number 9 Market Street, Eastlea, Harare (“the premises”).The lease agreement was constantly renewed over ...
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