DIGITAL MECHANICS (PVT) LTD Versus ZIMBABWE REVENUE AUTHORITY

Bulawayo High Court · HB129-21 · 07 2021

MAKONESE J: This is an application for a declaratur. The applicant seeks an order in the following terms: “IT IS ORDERED THAT: 1. The conduct of the respondent to withhold the applicant’s vehicle on condition that that he has to…

ASSISTANT INSPECTOR JEFINIAS MAZAMBANI versus TRIAL OFFICER: CHIEF SUPERITENDENT L MUTADZA N.O. and THE STATE

High Court of Mutare · HMT 44-21 · 07 2021

Applicant, who is a detective in the Zimbabwe Republic Police received a report of theft of a cellphone gadget on 4 March 2019. After investigations he recovered it from Ernest Jamela a form four student at St Joseph’s Mission, Sakubva,…

BUILDERS JUNCTION (PVT) LTD versus MOSES MUKOKO

High Court of Mutare · HMT 43-21 · 07 2021

The applicant filed an application for confirmation of cancellation of the lease agreement between itself and the respondent dated 2 May 2019. It having been duly cancelled in terms of clause 4 of the said agreement. The respondent is opposed…

AMOS CHIDZINZWA versus THE STATE

High Court of Mutare · HMT 42-21 · 07 2021

On 19 May 2021 after considering papers filed of record and hearing counsel we gave an extempore judgment wherein we dismissed the appeal in its entirety. We undertook to avail written reasons in due course. These are they: The appellant…

JONATHAN ZUZE and EFFICIENT MUKOBO versus THE STATE

High Court of Mutare · HMT 41-21 · 07 2021

The appellants were arraigned before the Magistrates Court facing allegations of contravening s 368(1) as read with 368(4) of the Mines and Minerals Act [Chapter 21:05] prospecting for Minerals without a permit or a licence. Both appellants were convicted on…

ZANDILE ZIBWOWA versus SAMUEL NJOVANA and EUNICE NJOVANA and REGISTRAR OF DEEDS

Harare High Court · HH 375-21 · 07 2021

It is within the nature of the contract of purchase and sale for the seller who has received full payment of the purchase price from the purchaser to deliver to the latter the subject-matter of the contract which is commonly…

RITA MARQUE MBATHA v (1) CONFEDERATION OF ZIMBABWE INDUSTRIES (2) THE SHERIFF OF ZIMBABWE

Constitutional Court of Zimbabwe · CCZ- 05-21 · 07 2021

This is an application for leave for direct access to the court made in terms of s 167(5) of the Constitution (“the Constitution”), as read with r 21(2) and (3) of the Constitutional Court Rules, 2016 (“the Rules”). The application…

THE STATE versus FRANK MADHANANGA

Harare High Court · HH 386-21 · 07 2021

The above record was referred to the Registrar for placement before a judge following a query raised by the scrutinizing magistrate on the impropriety of how the trial magistrate formulated the sentence imposed on the accused following the accused’s conviction.

RITA MARQUE MBATHA v NATIONAL FOODS (PRIVATE) LIMITED

Constitutional Court of Zimbabwe · CCZ- 06-21 · 07 2021

The facts of this matter are largely common cause. The applicant was employed by the respondent as a personal assistant to the Managing Director, Transport Division. By letter dated 15 June 2009, the applicant was notified that the respondent had…

NALDLINE (PRIVATE) LIMITED t/a EXODUS ENGINEERING & EQUIPMENT versus HARARE RESIDENTS TRUST and CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT & PUBLIC WORKS & NATIONAL HOUSING and MINISTER OF PRIMARY & SECONDARY EDUCATION and THE SHERIFF OF THE HIGH COURT N.O.

Harare High Court · HH 462-22 · 07 2021

The brief background facts to this matter are that the applicant entered into a Memorandum of Agreement with the second respondent on 18 August 2015 in terms of which it was allocated land, being stand 2166 of 1042 Tynwald South…

GEORGE DOUBT CHAWAWA versus MUNASHE CHAWAWA and TATENDA CHAWANA and TRISH CHAWAWA and MELISSA CHAWAWA and MELODY CHAWAWA

Harare High Court · HH 366-21 · 07 2021

A litigant who applies for the removal of the bar which operates against him admits the simple fact that he violated the rules(s) of court. His application for upliftment of the bar is, to all intents and purposes, a motion…

BILLY RIGAVA and RACHEL CHIBAYA and JOHNSON SHONHE and NORTBURGA CHIFAMBA and CHARLES MAPONGA and GERALD GORE versus ESTERE CHIVASA N.O and THE STATE

Harare High Court · HH 364-21 · 07 2021

This is an application for review of the first respondent’s decision dismissing the applicants’ exception in a criminal trial.

THE LAW SOCIETY OF ZIMBABWE versus CHARLES CHINYAMA

Harare High Court · HH 362-21 · 07 2021

The respondent was registered to practice law in this country on 5 March 1997. The applicant seeks the deletion of the respondent’s name from the register of legal practitioners, notaries and conveyancers on account of several complaints of misconduct.

THE LAW SOCIETY OF ZIMBABWE versus KUDZAI MUKANHAIRI

Harare High Court · HH 361-21 · 07 2021

The applicant applied for an order for the deletion of the respondent’s name from the register of legal practitioners, notaries public and conveyancers. The applicant also sought an order for the respondent to pay expenses incurred in connection with the…

THE STATE Versus RAIGHTON NKOMO

Bulawayo High Court · HB127-21 · 07 2021

KABASA J: The accused was facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty to murder but tendered a limited plea to culpable homicide…

MUNYARADZIKEREKE v (1) FRANCIS MARAMWIDZE (2) THE PROSECUTOR GENERAL

Supreme Court · SC 86-21 · 07 2021

MAKONI JA: This is an opposed application for leave to appeal made in terms of s 44 of the High Court Act [Chapter 7:06] as read with r20 (1) of the Supreme Court Rules, 2018. The applicant was convicted of…

TENDEKAI MADONGORERE and JULIUS PUNUNGWE versus THE STATE

Harare High Court · HH 363-21 · 07 2021

The appellants are being charged with fraud as defined in s136 or alternatively, forgery as defined in s137(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Their application for bail pending trial was refused by the magistrates court…

STEWART MAGONYO versus THE STATE

Harare High Court · HH 360-21 · 07 2021

The appellantis being charged with robbery as defined in s126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. His application for bail pending trial was refused on the basis that: 1. His alleged accomplices are still at large…

TENDAI CHITINHE versus CORNELIUS CHIVESANI CHENGERA and THE DISTRICT ADMINISTRATOR, CHEGUTU and THE PROVINCIAL ADMINISTRATOR, MASHONALAND WEST and THE MINISTER OF LOCAL,GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE

Harare High Court · HH 359-21 · 07 2021

The Chivero chieftainship dispute has spawned yet another lawsuit. The applicant and the first respondent are descendants of the founder of the Chivero clan. They are tussling for the office of substantive Chief Chivero.

DS MINING SYNDICATE and TAWANDA DZVITI versus SPENCER TSHUMA

Harare High Court · HH 358-21 · 07 2021

This judgment covers two urgent applications. The parties are the same. I shall refer to the first application as “the application.” In opposing the application, the respondent raised a counter-application, (hereinafter referred to as “the counter-application.) For convenience, the citation…