HH 279-18 CECILIA KASHUMBA versus AAROLA TAKUDZWA TENDAYI IDEHEN and Ors

CECILIA KASHUMBA

versus

AAROLA TAKUDZWA TENDAYI IDEHEN

and

AMOSORGE RUDO IDEHEN

and

OSARETIN TANAKA DEMI IDEHEN

and

SHORAI MAVIS NZARA

and

 THE SHERIFF OF ZIMBABWE

 

 

HIGH COURT OF ZIMBABWE

MUSAKWA J

HARARE, 17 & 24 May 2018

 

 

Urgent Chamber Application

T. Zhuwarara, for the applicant

P. Chiutsi, for the 1st, 2nd  3rd and 4th respondents

 

 

MUSAKWA J: This is an urgent chamber application for stay of execution pending the determination of action proceedings instituted by the applicant in case number HC 3331/18.

It is common cause that in case number SC 18/18 the applicant lost in an appeal that had been lodged with the Supreme Court by the respondents. Judgment in case number SC 18/18 was granted on 18 March 2018.

The background to the saga is that the applicant’s late husband (Dzingai Kashumba) and the fourth respondent entered into an agreement of sale in respect of stand number 552 of Quinnington Township of Subdivision A of Subdivision F of Quinnington Borrowdale Estate. The fourth respondent instituted proceedings for confirmation of cancellation of the agreement on the basis that Dzingai Kashumba had not paid the purchase price in full. The applicant became a party to those proceedings upon substitution following the death of Dzingai Kashumba. At some stage the applicant sold a portion of the land to one Tafirenyika Kambarami.

In SC 18/18 the Supreme Court held that title in the land had not lawfully passed to Dzingai Kashumba and consequently, to the applicant. As a result the applicant could not 

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2018