SOLOMON SIGAUKE

versus

INNOCENT PARADZAI MAKWIRAMITI

IN THE HIGH COURT OF ZIMBABWE

MUREMBA J

HARARE, 14, 19 March 2018 and 28 March 2018

Opposed Application

T Militao, for the applicant

M. Kamdefwere, for the respondent

            MUREMBA J:  The facts of the present matter are as follows. The respondent is the former owner of the immovable property which is at the centre of the dispute between the parties. The property is known as stand no. 102 Logan Park of Lot 6A, Hatfield, Harare.  Pursuant to a writ of execution issued against this property, the applicant bought the property in a judicial sale conducted by the Sheriff of Zimbabwe. The applicant subsequently had title of the property transferred into his name. Despite this, the respondent refused to vacate the property. This resulted in the applicant suing the respondent for his eviction in case number HC 8193/14. In turn the respondent counter-sued the applicant in case number HC 8866/14 challenging the sale in execution and seeking cancellation of transfer of title. The two matters were consolidated resulting in me hearing the two matters together. After hearing the two matters, I gave judgment on 26 July 2017 dismissing the respondent’s claim for cancellation of the sale and transfer of the property to the applicant. I granted an order for the eviction of the respondent and all those claiming occupation through him from the property. Dissatisfied with the judgment, the respondent noted an appeal in the Supreme Court and the appeal is still pending. The applicant is now seeking leave to execute the judgment appealed against pending the appeal as the noting of the appeal suspended the operation of the judgment.