THE STATE versus KUDAKWASHE JASINA and MUNYARADZI DANFORD SANYIKA

Harare High Court · HH 850/22 · 11 2022

The above two records of proceedings were forwarded to me by the scrutinizing regional magistrate for review. The two accused persons were separately convicted of theft by a magistrate at Marondera. They were sentenced as will be shown below. The…

THE STATE versus JOHN SCENARA

Harare High Court · HH 849/22 · 11 2022

: In S v Tevedzayi TSANGA J painted a graphic picture of the amount of violence going on against women in a lot of homes when she said: “An increasing number of cases brought before the courts reveal that far…

EAST RIVER INVESTMENTS (Pvt) LTD and BISHOP JECHE versus HOSEAH MUJAYA N.O and THE STATE

Harare High Court · HH 847/22 · 11 2022

CHIRAWU-MUGOMBA J: The applicants were jointly charged and appeared at a trial before the 1st respondent. They were jointly charged with: -Perjury as defined in S183(1) of the Criminal Law [Codification and Reform] [Act] [Chapter 9.23]; Fraud as defined in…

ZIMBABWE PLATINUM MINES (PVT) LTD versus ZIMBABWE REVENUE AUTHORITY and COMMISSIONER OF ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 845/22 · 11 2022

This is an application for a declaratory order. It is vigorously contested. The applicant is an expansive mining concern and a taxpayer. It is in dispute with the respondents over the correct method of computing its income tax liabilities. The…

RUTENDO HOUSING CO-OPERATIVE versus AARON KUMANJA and KUDZAI KUMANJA and DENNIS RUKAWO and WILBERT RUKAWO and SHARON RUKAWO and VICTOR RUKAWO and BAZEL RUKAWO and PATIENCE RUKAWO and THE EXECUTOR OF THE ESTATE LATE FELIX RUKAWO N.O. and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS N.O.

Harare High Court · HH 835/22 · 11 2022

This is a combined application for condonation for late noting an application for rescission of a default judgment and an application for rescission of a default judgment in terms of r 27 of the High Court Rules, 2021.

ZIMBABWE REVENUE AUTHORITY v UNKI MINES (PRIVATE) LIMITED (referred to as U M (Pvt) Ltd in the judgment of the Special Court for Income Tax Appeals in HH437/20)

Supreme Court · SC 130/22 · 11 2022

The appellant appeals against the whole judgment handed down by the Special Court for Income Tax Appeals (the court a quo) on 8 July 2020 in ITC 10/19. The court a quo allowed the respondent’s appeal against the appellant’s disallowance…

THE STATE Versus SHADRECK MUTOMBENI

Bulawayo High Court · HB-21-23 · 11 2022

The accused in this matter was convicted of 3 counts, the 1st and 3rd being of robbery as defined in section 126 of the Code. The 2nd count being of rape as defined in section 65 of the Code. He…

ISHUMAEL CHAURURA versus CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING N.O

Harare High Court · HH 855/22 · 11 2022

On 5 July, 2022 the first respondent, the City of Harare, clamped the applicant’s motor vehicle with registration number AFS 0365. He had parked it in Angwa Street, Harare as he went into the Deeds Office for business.

OLIVER MASOMERA N.O Versus BEVERLY EAST PROPERTIES (PRIVATE) LIMITED And KAROI PROPERTIES PRIVATE LIMITED And BRIAN J RHODES PRIVATE LIMITED And THE MASTER OF THE HIGH COURT And THE REGISTRAR OF COMPANIES

Harare High Court · HH 854/22 · 11 2022

This matter was initially placed before me on the unopposed motion matter. The applicant seeks the placement of the 1st-3rd respondents under supervision and commencement of corporate rescue proceedings in terms of section 124 of the Insolvency Act [Chapter 6:07].

MERYSTAKE (PRIVATE) LIMITED versus ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 851/22 · 11 2022

This is a court application, filed by the applicant on 28 September 2022, for leave to execute judgment pending appeal. The judgment which the applicant desires to execute was handed down in HC 1343/21 on 13 September 2022. After hearing…

NOBERT MADZIMA versus THE STATE

Harare High Court · HH 833/22 · 11 2022

The applicant filed a chamber application for condonation of the late noting of an appeal and leave to prosecute an appeal in person. I dismissed the application and rendered an ex tempore ruling. Applicant has requested for the reasons. These…

FREDA REBECCA GOLD MINE versus CANAAN JACK

Harare High Court · HH 737-22 · 11 2022

Before me is an action for eviction of the defendant by the plaintiff. These proceedings were brought to court as a stated case in terms of rule 52 of the High Court Rules, 2021. The facts giving rise to the…

PETER NYATHI v THE STATE

Supreme Court · SC 44-23 · 11 2022

This is an appeal against the whole judgment of the High Court (court a quo), sitting at Bulawayo which convicted the appellant of murder in contravention of s 47(1)(a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23](the Code).…

CHRISETTA CHINGOSHO versus JULIET MUSARIRI

Harare High Court · HH 841/22 · 11 2022

On 10 January 2017, the plaintiff instituted summons action against the defendant seeking the following relief: “WHEREFORE Plaintiff claims: (a) That the Defendant be and is hereby ordered to pay US$ 15 000.00 (b) Interests at the prescribed rate from…

ZANELE MUCHENJE and TAFARA MUCHENJE versus MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS N.O and ARUSOME PROPERTY DEVELOPMENT (PVT) LTD and TANYARADZWA SHARON BWANYA and REGISTRAR OF DEEDS N.O and MUNYARADZI BWANYA

Harare High Court · HH 840/22 · 11 2022

This is an application for a mandament van spolie, alternatively, for an order of contempt of court. The first and third respondents filed a counter-application in addition to their opposing papers. The matter was instituted as an urgent chamber application…

THE STATE and RIFIAS MANDIKO

Harare High Court · HH 836/22 · 11 2022

Rifias Mandiko, (hereinafter the accused), a suspected mental patient detained at Chikurubi Maximum Psychiatric Unit, is accused of killing Tapiwa Alhwisi Nduna(the deceased). Prosecution alleges that in that mental institution the accused unlawfully and with intention to kill or realising…

THE STATE versus FUNGAI CHIWAYA

Harare High Court · HH 821/22 · 11 2022

The accused person faces a charge of murder in contravention of s47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter the Criminal Code). The allegations against him are that on 9 May 2020 in Wenimbi, Marondera, Fungai…

1) WATERMOUNT ESTATES (PRIVATE) LIMITED (2) ONIAS ZIDANDA GUMBO v (1) CHRISTOPHER WESLEY TAKURA TANDE (2) TBIC INVESTMENTS (PRIVATE) LIMITED (3) EQUITY PROPERTIES (PRIVATE) LIMITED (4) ORION PROPERTIES (PRIVATE) LIMITED

Supreme Court · SC 125/22 · 11 2022

This is an application for condonation of non-compliance with Rule 70 (2) coupled with an application for extension of time within which to apply for reinstatement of the appeal.

ELEN OLIVIA LOCK v (1) ALAN CHARLES PATRICK INGRAM LOCK (2) THE SHERIFF OF ZIMBABWE

Supreme Court · SC 127/22 · 11 2022

This is an appeal against the judgment of the High Court handed down on 14 May 2021. In that judgment, the court a quo held that monetary assets in offshore accounts forming part of the matrimonial assets to be divided…

TAKWANA KELVIN MUTYORAURI v THE STATE

Supreme Court · SC 4/23 · 11 2022

This is an automatic appeal against both conviction and sentence. The appellant in this matter is a male adult who was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 17 September 2012.…