HH 337-18 TIMOTHY JAMES SEARSON and Ors versus SHEPHERD CHIMUTANDA N.O (In his capacity as the Executor Dative of the Estate late June Searson) and Ors

TIMOTHY JAMES SEARSON

and

SIMON DAVID SEARSON

and

COUCH GRASS (PVT) LTD

versus

SHEPHERD CHIMUTANDA N.O

(In his capacity as the Executor Dative of the Estate late June Searson)

and

SAMALYN INVESTMENTS (PVT) LTD

and

SAYLES CORPORATION (PVT) LTD

and

THE REGISTRAR OF DEED NO.

and

THE MASTER OF THE HIGH COURT N.O.

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE, 31 May, 2018, 7 June 2018 & 15 June, 2018

 

 

Urgent chamber application

 

 

S Hashiti, for the applicants

T Moyo, for the 1st & 3rd respondents

W Ncube, for the 2nd respondent

No appearance for the 4th & 5th respondent

 

            MANGOTA J: The applicant filed this application through the urgent chamber book. It sought stay of execution of HC 9866/17. HC 9866/17 is a default judgment which was entered against it on 3 January, 2018. It applied for its rescission on 2 February, 2018. It stated that its cause of action arose on 17 May, 2018. It said, on the mentioned date, the first respondent sold and transferred to the third respondent Lot 4 of Reitfontein which is in the district of Salisbury [“the property”]. It insisted that, in acting as he did, the first respondent violated HC 9866/17. The violation, it said, constituted its cause of action. It moved the court to stay execution of 

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