HB 124-18 UMGUZA COMMUNITY SHARE OWNERSHIP TRUST Versus OBERT MPOFU and Ors

UMGUZA COMMUNITY SHARE OWNERSHIP TRUST

 

Versus

 

OBERT MPOFU

RICHARD MOYO

MOSES SIPHUMA

JONATHAN SIBANDA

REMIGIOUS OMBANI

SEVERELY SIBANDA-MTHOMBENI

SHARON NCUBE

DAVID MOYO

PAUL MASINA

KHOLWANI MBAMBO

VETHI TSHUMA

SHINGIRAYI MAJAWA

FUTURE MHLANGA

UMGUZA RURAL DISTRICT COUNCIL

 

IN THE HIGH COURT OF ZIMBABWE

MAKONESE J

BULAWAYO 31 MAY & 7 JUNE 2018

 

Urgent Chamber Application

 

D. Dube for the applicant

B. Sengweni for 1st, 2nd 6th, 11th, & 12th respondents

S. Chamunorwa for 14th respondent

            MAKONESE J:        It is an established principle that a Trust is not capable of holding property in its name.  It is not in dispute that the trustees hold the property of the Trust on its behalf.  In this matter the applicant has chosen to clothe itself with power to represent the Trust.  The deponent to the founding affidavit states that he is the chairperson of the Umguza Share 

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2018