NORMAN BVEKWA versus THE STATE

Harare High Court · HH 495-21 · 09 2021

The background to his application is that the applicant was convicted by the Magistrate sitting at Harare on a charge of negligent driving as defined in s 52(2) of the Road Traffic Act, [Chapter 13:11]. On 9 March 2018, the…

DEXTER TAWONA NDUNA versus RIO ZIM LIMITED and LANGTON NDLOVU and ZIMBABWE REPUBLIC POLICE OFFICER IN CHARGE CHAKARI and PROVINCIAL MINING DIRECTOR MASHONALAND WEST N.O. and THE COMMISSIONER GENERAL OF POLICE and MINISTER HOME AFFAIRS N.O

Harare High Court · HH 494-21 · 09 2021

The applicant applied, through the urgent chamber book, for spoliatory relief. He alleges that he is the holder of exclusive prospecting rights licence in a block of gold mine claims known as Danley Mine in Chakuri. He claims that he…

LIBERATION MINING PRIVATE LIMITED versus ADLECRAFT (PVT) LTD and OFFER SIVAN

Harare High Court · HH 493-21 · 09 2021

This is an application for an order of rei-vindicatio and alternative relief. I granted the relief sought in the main. The applicants draft order was worded as follows: 1. The respondents return and deliver the applicant’s Terex J1160 Crushing Plant…

RODOX (PVT) LTD and RODNET (PRIVATE) LIMITED and AGRID MUCHENJE and RODNEY N. DANGAREMBIZI and TAURAI MUFARO CHIPAMAUNGA versus CBZ BANK LIMITED

Harare High Court · HH 492-21 · 09 2021

This is an application for rescission of two default judgments granted in favour of the respondent in case numbers HC11700/16 and HC 11701/16 respectively on 24 April, 2017 against the applicants jointly and severally the one paying the other to…

CITY OF HARARE versus AQUA-JETS (PVT) LTD and THE REGISTRAR OF DEEDS N.O

Harare High Court · HH 459-21 · 09 2021

The factual background of this matter is largely common cause. Sometime in 1992 the applicant and the first respondent entered into an agreement in terms of which the applicant sold to the first respondent a piece of land situate in…

PATIENCE KABANDA versus GABRIEL KABANDA and CLOETE MUNJOMA and SARAH MUNJOMA and SEEFF PROPERTIES and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O and THE REGISTRAR OF DEEDS

Harare High Court · HH 491-21 · 09 2021

HC 9129/19 and HC 6/20 were filed as separate cases. They deal with substantially the same dominant parties and the issue of an immovable property. It was because of the stated matter that the two cases were consolidated with a…

MOONLIGHT PROVIDENT ASSOCIATES versus MISHECK TINYANI T/A MUTINHIMIRA AGENCIES and WILLAS NGOLIMA and MANGEGA JAMES GAZA HIGH COURT OF ZIMBABWE CHITAPI J HARARE, 23 July, 2019 and 15 September 2021

Harare High Court · HH 490-21 · 09 2021

The applicant instituted eviction proceedings in the Kadoma Magistrates court against the respondents from a property called Stand 197 Kadoma Township, Kadoma. The claim for eviction was dismissed by the court a quo. The date of judgment is in dispute…

MARSHALL T. GUMA versus CHRISTOPHER FRANSCISCO and DRUMMONS CHICKENS (PVT) LTD

Harare High Court · HH 457-21 · 09 2021

Plaintiff filed summons against Defendants jointly and severally for an order for the payment of ZWD equivalent of US$4 917being the outstanding balance on damages arising from an accident negligently caused by the first defendant whilst in the course and…

FREDDY CHIMBARI (In his capacity as the Executor to the Estate of the late Kudakwashe Mutongi) versus MAKEPEACE MUZENDA and CHIEF EXECUTIVE OFFICER- GUTU RURAL DISTRICT COUNCIL N.O and MASTER OF HIGH COURT

Harare High Court · HH456-21 · 09 2021

In this case, the 1st Defendant applied for absolution from the instance and dismissal of the plaintiff’s case with costs.

CRIVE KADAMBURE and EDMORE MANUWERE and WONDER TAWANDA KWARAMBA and PATRICK CHIRARA versus THE STATE

Harare High Court · HH 487-21 · 09 2021

This is a composite judgment pursuant to bail applications launched by the applicants. Each applicant is on remand on separate charges of contravening s 14(1) of the Firearms Act [Chapter 10:09]. For purposes of the bail applications, and with the…

ELIJAH TAPATAPA versus RYDALE RIDGE PARK PRIVATE LIMITED

Harare High Court · HH 486-21 · 09 2021

The applicant seeks a declaratur to the effect that he paid the full purchase price in terms of an agreement of sale between the parties dated 20 October 2016. The order sought is also to the effect that the payments…

THE PROSECUTOR GENERAL versus SIMBARASHE KANGARA and OSTEN CHITAKE and MUNYARADZI T. GOTEKA

Harare High Court · HH 485-21 · 09 2021

This is an application for leave to appeal against the judgment of the magistrate courts wherein the Regional Magistrate J Mabeza Esquire sitting at Gwanda Regional Court acquitted three respondents on certain charges which I will set out in detail…

MARK TARUHLA and LUCKY TARUHLA and TENDAI TARUHLA and RATIDZO TARUHLA and KUDZANAI TARUHLA and HILDA TARUHLA versus FAKAZI SONNY TARUHLA and THE MASTER OF THE HIGH COURT N.O HIGH COURT OF ZIMBABWE TAGU J HARARE, 1 June & 15 September 2021

Harare High Court · HH 449-21 · 09 2021

This matter was remitted from the Supreme Court with the following order attached- “IT IS ORDERED BY CONSENT THAT 1. The appeal be and is hereby allowed with each party bearing its own costs. 2. The judgment of the court…

SITSHENGISIWE BRENDA NHLIZIO versus AMOS SAMBO and CBZ PROPERTIES (PRIVATE) LIMITED and CBZ BANK LIMITED and THE REGISTRAR OF DEEDS- HARARE

Harare High Court · HH 448-21 · 09 2021

This is a court application for specific performance, declaratur and other consequential reliefs. The reliefs sought are hereunder set out in full as follows: “IT IS ORDERED THAT:- 1. The purported cancellation, by first respondent, of the agreement of sale…

BRIGHTON CHORUWA versus PETER MUPEDZISWA

Harare High Court · HH 447-21 · 09 2021

: Rule 236 (4)(b) of the Rules of this Honourable Court provides that “where the applicant has filed an answering affidavit in response to the Respondent’s opposing affidavit but has not, within a month thereafter, set the matter down for…

AGM MINING AND ENGINEERING (PTY ) LIMITED versus MOHAMED YUSUF MATHER and RUNGS INVESTMENTS (PRIVATE) LIMITED

Harare High Court · HH 484-21 · 09 2021

The applicant is a company registered in terms of the laws of South Africa. It is a peregrine. The applicant filed this urgent application for a provisional order whose terms were couched as follows – “TERMS OF FINAL ORDER SOUGHT…

LIBERATION MINING (PRIVATE) LIMITED versus ADLECRAFT (PRIVATE) LIMITED and OFFER SIVAN

Harare High Court · HH 483-21 · 09 2021

This is a court application for leave to execute an order of this court in case number HC 5622/19 pending appeal. The application is opposed by the respondents. On 17 January 2020 the applicant obtained an order against the respondents…

JAMES GINIO versus MEMASH HOLDINGS (PVT) LTD and ASHEL KUDZANAI MAENZANISE and MEMORY KATSINGANO and SINO- ZIMBABWE CEMENT COMPANY (PVT) LTD and CHITUNGWIZA MUNICIPARITY and THE REGISTRAR OF DEEDS

Harare High Court · HH 478-21 · 09 2021

Ordinarily, a judgment would not have been necessary in an unopposed application. This judgment was considered necessary to clear an issue of lis pendens which arose when this application was dealt with by CHINAMORA J on 12 May, 2021. The…

PUWAYI CHIUTSI versus THE SHERIFF OF ZIMBABWE and BARRIADE INVESTMENTS (PVT) LTD and ELLIOT RODGERS

Harare High Court · HH 477-21 · 09 2021

It is not usual that the judge writes a full judgment in an application for default judgment. The usual procedure for recording a default is to simply grant default judgment and make note of reasons for default. In casu, the…

PARLIAMENT OF ZIMBABWE versus MCT INVESTMENTS (PRIVATE) LIMITED t/a MOTOR CITY TOYOTA

Harare High Court · HH 473-21 · 09 2021

In this civil trial the plaintiff seeks specific performance. Plaintiff claims delivery of three Toyota Hilux motor vehicles (2.5 double cab manual 4x4.) In the event of failure to deliver the motor vehicles, the plaintiff seek an order authorizing the…