HB 071-18 GERALDINE JOAN PURCELL-GILPIN versus MICHAEL PURCELL-GILPIN and Ors

GERALDINE JOAN PURCELL-GILPIN

versus

MICHAEL PURCELL-GILPIN

and

CHESTER PURCELL-GILPIN

and

G V PURCELL-GILPIN (PVT) LTD

and

DEPUTY SHERIFF, KWEKWE (N.O)

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 27 FEBRUARY 2018 AND 22 MARCH 2018

 

 

Opposed Matter

 

Ms J Mugova for the applicant

Ms K Mahereni for the 2nd respondent

 

 

            MOYO J:       This is an application for leave to set HC 1494/16 on the unopposed roll.

 HC 1494/16 is an application by the applicants for a dismissal of HC1806/12   for want of prosecution.  There is apparently a long history of litigation between the parties.

            On 4 June 2012 the first, second and third respondents filed an urgent chamber application wherein they sought a final order that third respondent be declared the lawful owner of a Model T Ford motor vehicle and in the interim for an order that applicant surrenders that vehicle to the second respondent for safe keeping.  The urgent chamber application was opposed.  The respondents later filed an application for contempt of court, which was also opposed.  The Deputy Sheriff subsequently took possession of the model T Ford and stored it at his premises to date.  The matter in HC 1806/12 has been dormant ever since then.  The applicant then filed the application in HC 1494/16 seeking a dismissal of HC 1806/12 for want of prosecution.  Respondents opposed that application but later did not file their heads of argument and are thus barred.  However, because the opposing affidavits are still in that record, applicant cannot deal 

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