BERE J: This case has a long and
unpleasant history. The applicant has been in and out of this same court with
only the objective to save his property from being sold as a result of what he
refers to as fraudulent conduct of the respondent.
In other matters related to this case
which I have become privy to as a result of this case, the fraud has been
extended to directors of a company called Prinsbourough Marketing.
I am particularly concerned that from 2010
up until today in 2014 there has been no application to specifically deal with
the rescission of judgment forming the basis of the applicant's concerns. That
judgement remained extant until execution was completed.
There can be no doubt that if regard is
had to the history of this case, there can be no justification at all to treat
this matter on urgent basis. The applicant failed to timeously take appropriate
remedial action.I decline to hear this matter on urgent basis and the applicant
is ordered to pay costs of this application.
Magwaliba
and Kwirira, 1st respondent's legal
practitioners.
