UCHENA
JA: This
is an appeal against an order handed down by the High Court on 16
June 2020.
The
first to the fourteenth respondents filed an Urgent Chamber
Application in the High Court against the fifteenth to the sixteenth
respondents seeking an interdict against disposal and transfer of a
certain open space in the vicinity of Carlisle Drive in Alexandra
Park, Harare.
A
provisional order was granted against the fifteenth to seventeenth
respondents.
The
appellants who had an interest in the matter had not been cited. The
provisional order granted by the High Court affected them.
After
the provisional order had been granted, the first respondent sought
the joinder of the appellants which was granted.
On
the return date the High Court, after hearing the parties, granted an
order which had not been sought by either party.
The
appellants noted an appeal against that order and raised four grounds
of appeal of which the third ground attacked the granting of an order
not sought by the parties.
In
their Heads of Argument, the respondents conceded that the court a
quo
had irregularly granted an order not sought by the parties.
In
view of this concession, the appeal should be allowed in terms of the
relief sought as amended. Accordingly it is ordered as follows:
1.
The appeal be and is hereby allowed with costs.
2.
The order of the court a
quo
is set aside and is substituted by the following:
“The
application is dismissed with costs on a legal practitioner and
client scale.”
MAVANGIRA
JA: I
agree
KUDYA
JA: I
agree
Mutumbwa,
Mugabe & Partners,
appellant's
legal practitioners
Mawere
Sibanda Commercial Lawyers,
respondents
legal practitioners
