HB149-18 MARIE STORM GILLESPIE versus SIKENGELE MSEMA

MARIE STORM GILLESPIE

versus

SIKENGELE MSEMA

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 16 MAY 2018 AND 14 JUNE 2018

 

 

Opposed Application

 

 

S Collier for the applicant

S Siziba for the respondent

 

 

            MATHONSI J:          This application is a two-in-one.  The applicant seeks a dismissal of the respondent’s claim filed in HC 2818/13 on the ground that it is frivolous or vexatious as provided for in rule 75 of the High Court Rules, 1971.  The second leg of the application is for summary judgment in respect of the applicant’s own claim in reconvention in the same matter for an order of cancellation of an agreement of sale the parties entered into on 11 May 2005 in terms of which the applicant sold to the respondent a house, being Stand 3762 Bulawayo also known as 3 Blake Road Malindela Bulawayo (the property) and ancillary relief thereof.  Both applications are opposed by the respondent.

            Briefly, in HC 2818/13 the respondent caused to be issued against the applicant as the first defendant therein, and two others, a summons wherein he claimed an order confirming the sale of the property entered into between the parties in 2005 for 15000 Pounds, that upon payment of the full purchase price of £ 15000-00 the applicant and all those claiming occupation through her vacate the property, that the applicant or the sheriff effect transfer of the property to the respondent and costs of suit.

 

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