Judgment No. 19/18
Chamber Application SC 97/18
Ref Case No. SC 847/17
The background facts to this application are somewhat confusing. The first
applicant, who deposed to the founding affidavit, could have presented the facts more
coherently and chronologically in her founding affidavit. As it is, the facts need to be pieced
together from not only this application but from other papers filed in previous proceedings
between the parties. The facts lack fullness in some details. It is however my view that these
shortcomings in the presentation of the facts do not deter me from disposing of the matter as I
do.
On a date that is not material, the first respondent obtained from the Magistrates’
Court an order for the eviction of the applicants and all who claim occupation of a property
identified as House Number 126 Edgemore Road, Meadowlands Park, Hatfield Harare through
them. This was under MC 39520/16.
The first applicant alleges that there were a number of irregularities attendant upon
the hearing of the matter in the Magistrates’ Court among which is an alleged lack of
jurisdiction on the part of the lower court and a failure on the part of the court to afford her a
fair hearing. There is also an allegation made but not pursued that the eviction order was
granted in the full knowledge of a prior order by the same court which had stayed all
proceedings between the parties.
The application for review in the High Court was filed on 16 August 2017. This
was under case number HC 7542/17. In the application, the applicants challenge the order of
eviction granted by the Magistrates’ Court mainly on the basis that the Magistrates’ Court did
not afford the applicants a fair hearing in that the court refused to grant them a postponement
to enable them to file a replying affidavit in the matter.
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