Court name
Bulawayo High Court
Case number
HC 1904 of 2001

Dube v Hlongwane and Anor (HC 1904 of 2001) [2002] ZWBHC 15 (10 April 2002);

Law report citations
Media neutral citation
[2002] ZWBHC 15

                                          Judgment No. HB 15/2002


                                          Case No. HC 1904/2001




GLADYS DUBE                   Applicant








LOVEMORE HLONGWANE            1st Respondent








THE REGISTRAR OF DEEDS        2nd Respondent








BULAWAYO 18 OCTOBER 2001 & 11 APRIL 2002




Nyathi for applicant


No appearance for respondent




      CHEDA J:    The parties entered into a written agreement in which 1st




respondent agreed to sell, and applicant agreed to purchase 1st respondent’s house for




the price of $155 000,00.  The purchaser was to pay $135 000,00 as a deposit and the




balance was payable within three months from thereon.




      The agreement was signed by the appellant, but 1st respondent did not sign. 




Instead he had authorised the directors of Lonet Engineering and Suppliers, trading as




Lonet Construction (the company) to sell on his behalf.  A copy of the document




which he signed for that purpose was filed and is dated 29 November 1999.




      Mr Timile, one of the directors of the company who acted for the 1st




respondent filed an affidavit explaining what happened and how the respondent spent




some of his money from the proceeds of the sale.




      When 1st respondent would not assist the applicant with transfer the applicant




issued summons asking for an order to compel the 1st respondent t do so.  The




respondent entered appearance to defend.  The applicant has now applied for summary




judgment on the claim with costs.








      When the notice of the application was served on the 1st respondent’s  




legal practitioners they advised that they could not locate their client and they believed




that he was in South Africa.  The same response came from them when a further




notice of set down was served later.




      I have considered the prejudice to the applicant caused by any further delay if




the matter is not finalised, and I am of the view that I should finalise the matter








      (a)  When the 1st respondent disappeared he was already aware of the               case as he had arranged for appearance to defend.


      (b)   There is no plea to indicate what his defence to the claim is, and as               such he is in default.


      (c)   There is no dispute that he authorised the sale, and that he was paid the           full price.




      In the circumstances there is no good reason to deny the applicant the relief




she seeks as she was given possession of the house and she has paid the purchase








      I therefore grant summary judgment in favour of the applicant as follows:




      1.    The 1st respondent is ordered to sign all the necessary documents to          enable the applicant to take transfer of the property, namely  number         5210, Cowdray Park, Bulawayo, failing which the Deputy Sheriff is             authorised to do so in respondent’s place.


      2.    The respondent is to pay the costs of suit on attorney and client scale.










Sibusiso Ndlovu, applicant’s legal practitioners


James, Moyo-Majwabu & Nyoni, 1st respondent’s legal practitioners