Judgment No. SC 18/18 Civil Appeal No. 137/16 In terms of their application and the subsequent notice of amendment the appellants who were the applicants in the court a quo sought the following relief: 1. 2. “Deed of transfer No 3030/06 held in the name of Dzingai Kashumba be and is hereby cancelled and title in respect of the remainder of Subdivision ‘A’ of Subdivision ‘F’ of Quinington of Borrowdale Estate should revert back to the second, third, and fourth Applicants. Deed of transfer No 773/2011 in the name of Tafirenyika Kambarami be and is hereby cancelled and title in respect of Stand 553 Quinington Township of Subdivision A of Subdivision F of Quinington of Borrowdale Estate reverts back to second, third, and fourth Applicants”. Through her opposing affidavit Cecilia Kashumba merely sought the dismissal of the applicants’ application. The fourth respondent in his opposing affidavit also merely sought that the applicants’ application be dismissed with costs. In the determination of the application before it the court a quo made the following orders: 1. It is hereby declared as follows: 1.1 1.2 1.3 “That the Deed of Sale between the first applicant and the Late Dzingai Kashumba (hereinafter referred to as “the deceased” on 11 and 12 May 1999 in respect of the property described as Stands 552 and 553 Quinington Township of Subdivision A of Subdivision F of Borrowdale Estate, measuring 3 999 square metres and 4002 square metres respectively (hereinafter referred to as “the original property”, was never cancelled. That the balance of the purchase price due and owing by the deceased to the first applicant as at 9 May 2001, in respect of the Deed of Sale aforesaid was never paid. That the transfer of 3 May 2006 in favour of the deceased of the two properties known as certain pieces of land situate in the District of Salisbury, respectively called Stands 552 and 553, Quinington Township of Subdivision A of Subdivision F of Quinington of Borrowdale Estate, respectively on Deeds of transfer Nos 3030/2006 and 3031/2006 (hereinafter referred to as 9