RICHARD MOYO-MAJWABU

In his capacity as Executor Testamentary of

The Estate Late GEORGE PARKIN

and

IAN DLAMINI

versus

SUNOPS TECHNICAL CONSULTANTS (PVT) LTD

and

VISION SITHOLE

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 14 MARCH 2018 AND 29 MARCH 2018

R Moyo-Majwabu for the applicants

T Vhiki for the respondent

            MOYO J:       This is an application wherein the applicant seeks the following interim relief:

“Pending determination of this matter the first and second respondents and all those taking under them be and are hereby interdicted from entering and or removing any scrap metals from stand 13826 Kelvin North.”

            At the hearing of the matter, I granted the provisional order.  Here are my reasons for so doing.

            The background of this matter is that the applicant is an executor in the Estate of the late George Parkin.  The respondents, it appears purchased scrap metal from the deceased prior to his death.  The scrap metal is situate at stand number 13826 Kelvin North in Bulawayo.  It is common cause that the applicant was not aware of the collection of the scrap metal neither did he accede to such action, although he was aware that the respondents have a court order granting them ownership of the scrap metal.

            From the respondent’s papers it is common cause that they did go to stand number 13826 Kelvin North and that they did collect some scrap metals from there.  The respondent’s case on the merits is that second applicant’s son allowed the respondents to collect the scrap metal.  Second applicant is the person who purchased stand 13826 Kelvin North where these materials