Mcleod v Rolindo (HH 47 of 2002) [2002] ZWHHC 47 (7 March 2002)

Mcleod v Rolindo (HH 47 of 2002) [2002] ZWHHC 47 (7 March 2002)

The applicant established a prima facie case for the existence of a tacit universal partnership and stands to suffer irreparable harm if the interdict is not granted. The balance of convenience favours the applicant, and the respondent will not be prejudiced by the order. The requirements for an interdict pendente lite have been met.

Citation
[2002] ZWHHC 47
Parties
Applicant: R. A. McLeod; Respondent: A. B. Rolindo
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 March 2002
Case Number
HH 47 of 2002
Procedural Posture
Urgent Chamber Application / Provisional Order on Interim Interdict
Outcome
Provisional order granted
Legal Topics
Interdict Pendente Lite, Universal Partnership, Eviction, Ownership of Property, Urgency in Applications
Source Language
English
Civil Procedure Property Law Family Law Interdict Pendente Lite Universal Partnership Eviction Ownership of Property Urgency in Applications

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Parties

R. A. McLeod

Applicant

A. B. Rolindo

Respondent

Procedural Posture

Urgent Chamber Application / Provisional Order on Interim Interdict

Legal Issues

  1. 1 Whether the applicant is entitled to an interdict pendente lite to prevent the respondent from selling, encumbering, or evicting her from the disputed property
  2. 2 Whether the applicant has established a prima facie right to the property based on a tacit universal partnership
  3. 3 Whether the matter is urgent

Ratio Decidendi

The applicant established a prima facie case for the existence of a tacit universal partnership and stands to suffer irreparable harm if the interdict is not granted. The balance of convenience favours the applicant, and the respondent will not be prejudiced by the order. The requirements for an interdict pendente lite have been met.

Court Disposition

Provisional order granted

Orders

  • Respondent and all persons acting through him are interdicted from selling, encumbering, or evicting the applicant from Number 10 Hillside Garden Flats, Ferrera Avenue, Harare, and all movables thereat pending outcome of proceedings to be instituted by applicant within ten days.
  • Respondent interdicted from removing movables from the property.