HH 476-18 NASHE FAMILY TRUST v CHARLES CHIWARA & Ors

NASHE FAMILY TRUST

versus

CHARLES CHIWARA

and

THE REGISTRAR OF DEEDS

and

THE SHERIFF OF ZIMBABWE N.O

 

 

HIGH COURT OF ZIMBABWE

CHIRAWU-MUGOMBA J

HARARE, 31 July 2018 and 6, 7 and 9 August 2018

 

OPPOSED MATTER

 

R.G Zhuwarara, for the applicant

E Mubaiwa, for the 1st respondent

No appearance for the 2nd and 3rd respondents

 

         CHIRAWU-MUGOMBA J: In a popular TV series which has since been turned into an equally successful movie franchise, the actor always receives an electronic message with instructions on his mission. The electronic message self –destructs after five seconds and that is his cue to begin action. Perhaps it is time that litigants get a cue to act especially in matrimonial matters once the decree of divorce and other ancillary relief is granted. This could be in relation to custody and access; registration of maintenance orders at the Magistrate Court for purposes of enforcement[1]; exchanging movable property; valuation of immovable property as well as transfer and cession as applicable or setting up of trusts for purposes of donating immovable property to the trust. Failure to act has drastic legal consequences as the facts of this case will show.

                In this matter, the applicant’s case is as follows;- applicant entered into an agreement of sale with the first respondent in respect of Stand number 98 Philadelphia




[1] In terms of section 18(2) of the Maintenance Act ( Chapter 5:09), an order of maintenance made in the High Court may be registered at the Magistrate Court

 

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2018