HH 197-18 CISMO CHIMUKWITA versus NOREEN CHIKAKA and Anor

CISMO CHIMUKWITA

versus

NOREEN CHIKAKA

and

THE MASTER OF THE HIGH COURT

 

 

HIGH COURT OF ZIMBABWE

MUSAKWA J

HARARE, 8 March 2018 & 25 April 2018

 

 

Opposed Application

 

M Hungwe, for the applicant

D. V Kufaruwenga, for the 1st respondent

 

 

MUSAKWA J: In this application the applicant is seeking relief to the effect that-

  1. “The Sheriff for Zimbabwe shall appoint an independent valuer from his panel who shall value improvements effected on stand no. 3378, also known as no. 55, 5th avenue, Mbare, Harare and the applicant’s salvage lien per annexure “A” hereto.
  2. The independent valuer shall submit his valuation report to all parties to this matter.
  3. Applicant’s claim shall proceed in terms of the independent valuer’s report.
  4. First respondent shall pay the costs of this application on an attorney-client scale.”

In his founding affidavit the applicant avers that he has a claim against the estate of the late Dinemu Tambala who died in 1991. The claim is for $15 770. In 2016 he caused the registration of the estate with the second respondent. At an edict meeting there was no consensus on the appointment of an executor and the first respondent was appointed by the second respondent.

 

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2018