HB 057-18 SAMUKELISO MABHENA versus EDMUND MBANGANI

SAMUKELISO MABHENA

versus

EDMUND MBANGANI

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 28 FEBRUARY AND 8 MARCH 2018

 

 

Urgent Chamber Application

 

 

Ms C Nunu for the applicant

Ms P Mvundla for the respondent

 

 

 

            MATHONSI J:          The applicant seeks a final order, by certificate of urgency, interdicting the respondent from executing a judgment of the magistrates court sitting at Bulawayo issued on 23 February 2018, the same day that this application was filed, in terms of which eviction of the applicant from house number 9 Windsor Road, Kumalo North, Bulawayo, was ordered together with holding over damages and costs of suit.  The reason for seeking a stay of execution is that the applicant has appealed against that judgment and would like to interdict her eviction pending the determination of that appeal.  In addition to that, in case number HC 3196/17, which is a summons action instituted out of this court on 7 December 2017, she has sued the respondent for an order confirming cancellation of an agreement of sale entered into between herself and the respondent and reversal of the transfer of stand 4008 Kumalo Township of stand 4125 Kumalo Township, also known as No. 9 Windsor Road, Kumalo, Bulawayo (the property).

            The background is that by agreement of sale prepared by an Estate Agent known as Hawu Properties and signed by the parties on 30 June 2017, the applicant sold to the respondent the property for a purchase price of $55 000-00 which was payable directly to the seller via mortgage finance within six weeks of the signing of that agreement.  Although the respondent failed to pay the purchase price in terms of the agreement he was able to raise it subsequently 

Download File: 

Tags: