ANTONIO DOS SANTOS
versus
MARGARET SIKHUNDLA
and
THE ESTATE OF THE LATE JOSIAH SIKHUNDLA
and
GWANDA RURAL DISTRICT COUNCIL N.O
and
DEPUTY SHERIFF BULAWAYO N.O
HIGH COURT OF ZIMBABWE
MATHONSI J
BULAWAYO 16 MAY 2018 AND 14 JUNE 2018
Opposed Application
Ms M N Sibanda for the applicant
1st & 2nd respondents in person
MATHONSI J: The applicant is a businessman who has been operating a bottle store known as Lumene Bottle Store located at Glass Block Lumene in Gwanda since 2001 in terms of a written agreement of sale signed between himself and the first respondent, who is the widow of the late Josiah Sikhundla who died on 2 June 1989. He has made an application for an order compelling transfer of the said bottle store to his name in terms of the sale agreement he entered into with the first respondent.
The applicant’s case is that the first respondent, as the heiress to the estate of her late husband and therefore entitled to inherit the bottle store in question, after some of the deceased’s property had been dealt with when the estate was administered, sold her rights, title and interest to her for $80000-00. She attached to her founding affidavit the agreement signed by the parties on 9 May 2001. It is short and to the point;
