Harare High Court - 2007 August

4 judgments
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4 judgments
Citation
Judgment date
August 2007
Urgent interdict dismissed for lack of urgency and material non-disclosure about a conditional sale and possession of farm equipment.
Civil procedure — Urgent chamber application — urgency defeated by material non-disclosure and evidence of a conditional sale of movable assets — possession and control of property relevant to urgent relief — dismissal and costs
7 August 2007
Summons issued against non‑existent defendants is null ab initio; plaintiff's claim dismissed.
Civil procedure — summons — citation of parties — summons must be issued against existing natural or juristic person — summons null and void ab initio if no person answers to names used — misnomer/description vs non‑existent party — amendment ineffective where original defendant did not exist — point in limine/special plea may be raised at trial — appearance and plea do not cure non‑existent citation
7 August 2007
A beneficiary may seek common law removal of an executor; an appointment and sale procured by fraud are void ab initio.
Administration of Estates Act ss116/117; executor removal; common law jurisdiction preserved; appointment procured by fraud void ab initio; sale and cession tainted by illegality; innocent purchaser defence defeated by fraud admitted by seller
7 August 2007
Plaintiff failed to prove a customary bar preventing headmanship-holding houses from inheriting the Zvimba chieftainship; claim dismissed.
Customary law – chieftainship succession – whether holding a headmanship disqualifies a house from ascending – onus to prove customary rule – reliance on oral history and colonial records – collateral succession; waiver of hereditary rights by ancestors
7 August 2007