TIMOTHY JAMES SEARSON

and

SIMON DAVID SEARSON

and

BRENDA CAROL LEEPER

and

COUCH GRASS (PVT) LTD

versus

SAMALYN INVESTMENTS (PVT) LTD

and

THE REGISTRAR OF DEEDS N.O.

and

THE MASTER OF THE HIGH COURT N.O.

HIGH COURT OF ZIMBABWE

MWAYERA & MUZENDA JJ

HARARE,14 March & 25 April 2018

Urgent chamber application

W Warhurst, for the applicants

W Ncube, for the respondents

            MWAYERA J: The applicants approached the court through the urgent chamber book seeking registration of a caveat and set down of a rescission of judgment application. The specific terms of the relief sought being

            “TERMS OF FINAL ORDER MADE

1. That the caveat placed on the immovable property identified as certain piece of land in the       district of Salisbury called Remainder of Lot 40 of Reitfontein measuring 6, 8288 hectares as       will more fully appear upon reference from Deed of Transfer Reg No. 9563 with diagram annexed in respect of Lot 4 of Reitfotein made in favour of Godfrey James King on the 4^th of     January 1912 and to the subsequent Deed so Transfer the last of which passed in favour of Jun Mclachlan (Reg No. 3125/74) on the 23^rd day of May 1974 remain and not be capable of being removed without an appropriate order by this Honourable Court until the conclusion of          the application for rescission of default judgment in case no. HC 993/18.
2. That the 1^st respondent’s legal practitioners Douglas Shese and Julius Chikomwe shall jointly and severally, the one paying for the other to be absolved pay all costs incurred by the applicants in these proceedings on an attorney and client scale.

INTERIM RELIEF

Pending the hearing of the matter, the applicant is granted the following relief