GIVEN MUPAMBIREI versus THE STATE

Harare High Court · HH 357-21 · 07 2021

This is an appeal against the decision of the Harare magistrate’s Court in terms of which the appellant was denied bail. Appellant was charged with unlawful entry into premises in aggravating circumstances as defined in s 131 (1) (a) of…

LINDA SHOES (PVT) LTD versus ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 356-21 · 07 2021

[1] At the commencement of the hearing of this appeal, Mr Magwaliba advised the Court that the parties had agreed to request adetermination on the preliminary issue, raised in the issues for determination in the pre-trial hearing minute filed by…

TRUSTEES OF ANGLICAN DIOCESE OF MANICALAND CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs TAFADZWA TAKUNDWA and NYASHA WEDU

High Court of Mutare · HMT 39-21 · 07 2021

The facts appear in the applicant’s papers and they are outlined as follows: Applicant owns the property and attached proof of ownership, a title deed and on that property is built Robert Mugabe House which accommodates orphans and deserted children…

PUWAYI CHIUTSI versus SHERIFF OF ZIMBABWE and BARRIADE INVESTMENTS (PRIVATE) LIMITED and ELLIOT RODGERS

Harare High Court · HH 369-21 · 07 2021

On 21 May 2021, upon the matter being called, the second respondent’s counsel stood up to advise that he has instructions to apply for my recusal. No prior notice or indication had been given to me as usual practice which…

PREMIER SERVICE MEDICAL INVESTMENTS (PVT) LTD and PREMIER SERVICE MEDICAL AID SOCIETY versus CUTHBERT ELKANA DUBE

Harare High Court · HH 354-21 · 07 2021

This is an application for dismissal for want of prosecution in terms of r 236 (3) (b) of the High Court Rules, 1971.

OLIVER MUTYAMBIZI and MIDROC HOLDINGS (PVT) LTD versus STANLEY KASUKUWERE and BATSIRAYI MARTHA BAKARE

Harare High Court · HH 352-21 · 07 2021

This is an application seeking an order for the dismissal of case numbers HC 1230/19 and HC 3457/19 for want of prosecution. The application is in terms of rule 236 (3) (b) which provides that; “(3) Where the respondent has…

AFROCHINE ENERGY (PRIVATE) LIMITED versus CHEN SHANGSONG and XU KEMIN and CHEN SHENG and ZHOU ZHUQIANG and GAOYANMIN and TSINGSHAN MINING INVESTMENT and ZIMBABWE (PRIVATE) LIMITED and AFROCHINE SMELTING (PRIVATE) LIMITED

Harare High Court · HH-351-21 · 07 2021

This application has been filed on a certificate of urgency. The brief facts of the matter are that the Applicant and sixth Respondent acquired shares in the seventh Respondent in 2012 in terms of a Shareholders Agreement. In terms of…

CHITUNGWIZA MUNICIPALITY versus PRIVILEDGE TIRIVAVI and FELISTAS SHUMBA

Harare High Court · HH 350-21 · 07 2021

This is a chamber application for dismissal for want of prosecution in terms of Order 32 r 236 of the Rules of this Honourable Court.

PALATIAL GOLD INVESTMENTS (PRIVATE) LIMITED versus DANIEL BANDA

Harare High Court · HH 349-21 · 07 2021

The defendant was in default at the scheduled pre-trial conference held on 10 March, 2020. The Deputy Sheriff’s return of service of the notice of set down on the defendant of pre-trial conference was filed of record on 4 March,…

TWOTAP LOGISTICS (PVT) LTD versus ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 345-21 · 07 2021

On 24 June 2021, I reserved judgment in this matter to consider the issue of prescription that had been raised by the respondent. This was after the court had dismissed the applicant’s point in limine that the opposing affidavit to…

ROSELYNNE MANGOTA versus DAVID MANGOTA

Harare High Court · HH 344-21 · 07 2021

On 30 June 2021, the applicant’s legal practitioner made an application for removal of this matter from the roll. The basis was that the applicant was ill disposed. The respondent’s legal practitioner was not opposed to the application. It is…

RIO ZIM (PRIVATE) LIMITED v TRUST BANK CORPORATION LIMITED (In Liquidation)

Supreme Court · SC 87-21 · 07 2021

MAKARAU JA: On 19 September 2018, the High Court sitting at Hararedismissed with costs on a legal practitioner and client scale, an application by the appellant for leave to sue the respondent, a banking corporation in liquidation.This is an appeal…

HUBERT KASONGO MBWEMBWE versus ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 348-21 · 07 2021

The applicant filed an urgent chamber application on 9 June 2021 seeking the release of his consignment of abalone fish which the respondent seized on 27 May 2021 under Notice of Seizure Number 032789L, and an Atego Rigid Truck, Registration…

TAWANDA MUNGATE and KENNETH MUSHAIKWA versus GLORIA TAKUNDWA (N.O) and THE STATE

Harare High Court · HH 347-21 · 07 2021

This is an appeal against the first respondent’s order to forfeit two motor vehicles in respect of which the appellants claim ownership.

LYDIA CHINYAUKIRA versus PREMIER TOBACCO AUCTION FLOORS (PRIVATE) LIMITED

Harare High Court · HH 346-21 · 07 2021

The applicant is a former employee of the respondent. The employment relationship between the two parties was severed in March 2018. The applicant claimed arrear salaries and certain entitlements from the respondent. The claim was unhonoured leading to the referral…

MATSVIMBO SIMBARASHE CHESTER versus THE STATE

Harare High Court · HH 343-21 · 07 2021

This is an appeal against refusal of bail. The appellant is appearing at the Regional Court in Harare (sitting as a Designated Anti-Corruption Court) charged with the crime of extortion as defined in s 134(1)(a) of the Criminal Law (Codification…

PASSENGER ASSOCIATION OF ZIMBABWE and BERNARD MARIZANI versus THE COMMISSIONER GENERAL OF POLICE N.O and THE POLICE SERVICE COMMISSION and THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE

Harare High Court · HH 339-21 · 07 2021

This is a court application for a declaratory relief declaring that members of the Zimbabwe Republic Police are acting unlawfully by spiking public and private motor vehicles in urban areas, particularly in Harare, are acting unlawfully by smashing the windscreens…

FRANK HUMBE V (1) DESMOND MUCHINA (2) SPARKLES SERVICES (PRIVATE) LIMITED (3) GODFREY MUNYAMANA (4) THE SHERIFF OF ZIMBABWE (5) FADZAYI MUNYAMANA

Supreme Court · SC 81-21 · 07 2021

MATHONSI JA: The appellant brought an urgent chamber application in the High Court for a stay of the execution of a judgment obtained by the first respondent against the second and third respondents on 12 February 2018 in the sum…

(1) TRIANGLE LIMITED (2) HIPPO VALLEY ESTATES LIMITED V (1) ZIMBABWE REVENUE AUTHORITY (2) ZIMBABWE SUGARCANE DEVELOPMENT ASSOCIATION (3) ZIMBABWE CANE FARMERS ASSOCIATION (4) MKWASINE SUGARCANE FARMERS TRUST (5) COMMERCIAL SUGARCANE FARMERS ASSOCIATION OF ZIMBABWE (6) HIPPO VALLEY PRODUCTIVE FARMERS ASSOCIATION (7) ZIMBABWE SUGARCANE DEVELOPMENT ASSOCIATION ROYAL TRUST (8) CHIPIWA MPAPA MILL GROUP (9) CHIREDZI PRODUCTIVE CANE GROWERS (10) FARAI DUMO AUGUSTINE MUSIKAVANHU (11) ROY BHILA

Supreme Court · SC 82-21 · 07 2021

This is an appeal against the judgment of the High Court sitting at Masvingo delivered on 24 June 2020 which dismissed with costs the application made by the two appellants for a declaratory order and an interdict. FACTUAL BACKGROUND The…

APOSTOLIC FAITH MISSION IN ZIMBABWE versus APOSTOLIC FAITH MISSION OF ZIMBABWE and COSSAM CHIANGWA and APOSTOLIC FAITH MISSION IN ZIMBABWE (Registration Number CF 221/01)

Harare High Court · HH 355-21 · 07 2021

This is an urgent chamber application in terms of which the applicant seeks the following relief as set out in the provisional order:-