OLIVER MAGOMBEDZA versus THE STATE

Harare High Court · HH 284-21 · 05 2021

In presiding over matters, judicial officers are duly obliged to be impartial and ensure in all instances that justice is done. A magistrate presiding over a matter has to ensure fairness in conducting proceedings. Both procedural and substantive aspects pertaining…

TANGANDA TEA COMPANY versus DARLINGTON MATSITUKWA

Harare High Court · HH 250-21 · 05 2021

The applicant, a public company which is duly registered as such in accordance with the laws of Zimbabwe, applies for a declaratur. It premises its application on a judgment which was granted to it on 5 December, 2018 under HC…

PAUL SITHOLE and PAUL SITHOLE (Junior) (represented herein by the 1st applicant) versus STEWARD BANK LIMITED and MAYOR MACHIVEYI MANGEYA and REGISTRAR OF DEEDS

Harare High Court · HH 247-21 · 05 2021

This is an application for upliftment of caveat number 421/2014 placed on certain piece of land situate in the District of Salisbury called stand 143 Northwood Township of Sumben measuring 4263 square metres held under Deed of Transfer registered number…

THE STATE Versus TAKAVAONA MASHAVAKURE

Bulawayo High Court · HB89-21 · 05 2021

DUBE-BANDA J: The accused was arraigned before this Court on 19th May 2021, on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that, on the 17th…

CLEMENCE HURUVA HEBERT HURUVA EMMANUEL CHIKOVA S.D MUSHONHIWA BEAULAR MBINDO BENARD FOVERA INNOCENT MWACHIYANA and SMM HOLDINGS (PRIVATE) LTD (Under Reconstruction t/a SMM PROPERTIES)

Masvingo High Court · HMA 26-21 · 05 2021

This matter is a civil appeal against a judgement entered by a Magistrate sitting at Masvingo. The respondent issued summons for the eviction of the appellants. An amendment to the summons was later made to include the issue of arrear…

CHRISTOPHER SAMBADZA v AL-SHAMS GLOBAL BVI LIMITED

Supreme Court · SC 56-21 · 05 2021

GOWORA JA: The respondent is a company registered in the British Virgin Islands. Its principal place of business is in Dubai, the United Arab Emirates. The appellant was formerly one of the directors of Rodstreet Trading (Private) Limited (Rodstreet), a…

PRAYMORE MAKANDA versus MAGISTRATE SANDE N.O, MAGISTRATE KADYE N.O, MAGISTRATE NDIRAYA N.O and THE STATE

Constitutional Court of Zimbabwe · CCZ-03-21 · 05 2021

This is an application for direct access to the Constitutional Court made in terms of s 167(5)(a) of the Constitution of Zimbabwe. The allegation is that the conduct of the respondents violated the applicant`s fundamental rights as enshrined in ss…

CHARLES MWALE v THE STATE

Supreme Court · SC 49-21 · 05 2021

MATHONSI JA: This is an automatic appeal against conviction and the sentence of death imposed on the appellant by the High Court on 30 July 2020 following his conviction of murder with actual intent

(1) NICOLETTE JANE MARSH (2) JAMES MICHAEL EVANS (3) GUY HUNTLY EVANS(4) LLOYD DAVID POWELL STEVENS (5) SEAN LEE MULLENS(6) FAYZAL GIRACH v (1) REGISTRAR GENERAL OF CITIZENSHIP(2)PRINCIPAL DIRECTOR OF IMMIGRATION (3) THE ATTORNEY GENERAL OF ZIMBABWE (4) THE MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (5) THE MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE

Supreme Court · SC 54-21 · 05 2021

CHITAKUNYE AJA: This is an appeal against part of the judgment of the High Court of Zimbabwe handed down on 31 October 2018. In that judgment the court a quo granted the first appellant’s application but dismissed the applications by…

RIOZIMBABWELIMITED v AFRASIA BANK LIMITED (IN LIQUIDATION)

Supreme Court · SC 55-21 · 05 2021

CHITAKUNYE AJA: This is an opposed court application for rescission of a judgment handed down by this Court on 4October 2019 under case number SC 116/18 as judgment number SC 76/19. The application is made in terms of r 73…

RUNGIRE MUDZONGACHISO and CLEVER MUDZONGACHISO versus THE STATE

Harare High Court · HH 248-21 · 05 2021

This is an appeal against sentence only. On 3 July 2020 the appellants appeared before the Magistrates Court sitting at Kariba whereupon they were convicted on their own pleas of guilty on a charge of contravening s 4(1) as read…

THE STATE Versus UPENYU ZHOU

Bulawayo High Court · HB91-21 · 05 2021

DUBE-BANDA J: The accused appears in this court on a charge of murder, as defined in section 47(1) of the Criminal Law (Codification and Reform) [Chapter 9:23]. It being alleged that on the 16th January 2019, and at Jindu River,…

MARIA TAGAMA versus THE STATE

Harare High Court · HH 246-21 · 05 2021

This is an appeal against conviction. The appellant was convicted of one count of physical abuse as defined in s 4(1)(a) as read with s 3 of the Domestic Violence Act [Chapter 5:16] (“the DVA”). The Magistrates Court sitting at…

THE STATE Versus NEWTON HOVE

Bulawayo High Court · HB88-21 · 05 2021

DUBE-BANDA J: The accused appears in this court on two counts of murder, as defined in section 47(1) of the Criminal Law (Codification and Reform) Chapter 9:23.In count one, it being alleged that on the 8th January 2020, and at…

THE STATE Versus LYDIA CHENYIKA

Bulawayo High Court · HB86-21 · 05 2021

DUBE-BANDA J: The accused was arraigned before this Court on the 5th October 2020, on a charge of murder as defined in section 47(1) of the Criminal law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the…

THE STATE Versus KNOWLEDGE MASAVA

Bulawayo High Court · HB81-21 · 05 2021

DUBE-BANDA J: The accused appears in this court on a charge of murder. Before the charge was put to the accused, Ms Mugari, counsel for the accused informed the court that she had an application to make. The import of…

FEBBIE MUKOTODZI and NYASHA JORDAN and RODRICK TICHAONA versus THE STATE

Harare High Court · HH 299-21 · 05 2021

The three matters above were dealt with by the same Provincial Magistrate sitting at Mbare. The trials of the accused persons were disposed of by guilty plea procedure in terms of s 271(2)(b) as read with s 271(3) of the…

MUSA KI HC 2128/21 versus MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and LUKE MALABA N.O. and ELIZABETH GWAUNZA N.O. and PADDINGTON GARWE N.O. and RITA MAKARAU N.O. and ANNE-MARY GOWORA N.O. and BEN HLATSWAYO N.O and BHARAT PATEL N.O. and ANTONIA GUVAVA N.O. and SUSAN MAVANGIRA N.O. and CHINEMBIRI ENERGY BHUNU N.O. and TENDAI UCHENA N.O. and NICHOLAS MATHONSI N.O. and CHARLES HUNGWE N.O. and FELISTAS CHATUKUTA N.O. and ALFAS CHITAKUNYE N.O. and SAMUEL KUDYA N.O. and LAVENDER MAKONI N.O. and JUDICIAL SERVICE COMMISSION YOUNG LAWYERS ASSOCIATION OF ZIMBABWE HC 2166/21 and FREDERICK CHARLES MOSES MUTANDA versus JUDICIAL SERVICE COMMISSION and HONOURABLE CHIEF JUSTICE LUKE MALABA N.O. and ATTORNEY-GENERAL N.O.

Harare High Court · HH 264-21 · 05 2021

This judgment is in respect of two matters, HC 2128/21 and HC 2166/21. The two matters were heard together because the substance of their complaints is the same. Both matters were brought by way of application. HC 2128/21 was instituted…

TRUSTEES OFTHEMUKONOFAMILYTRUST(2) MUKONOTRONICS (PRIVATE) LIMITED v KARPEGINVESTMENTS(PRIVATE) LIMITED T/AKADIR&SONS

Supreme Court · SC 45-21 · 05 2021

MAKONI JA: This is an appeal against the whole judgment of the High Court, handed down on 24 January 2018, wherein it dismissed the appellants’ claim. BACKGROUND FACTS The first appellant is a private voluntary Trust established in terms of…

RAJENDRAKUMAR JOGI v (1) BULCHIMEX GmbH IMPORT-EXPORTCHEMIKALEN Und PRODUKTE (2) TECHNOIMPLEX SOFIA BULGARIA JSC (3) BULCHIMEX GmbH IMPORT-EXPORT CHEMIKALIEN Und PRODUKTE (PRIVATE) LIMITED (4) SARAH HWINGWIRI (5) TECHNOIMPEX JSC (6) THE REGISTRAR OF DEEDS NO (7) THE SHERIFF OF ZIMBABWE NO

Supreme Court · SC 47-21 · 05 2021

The delay in handing down this judgment is much regretted especially in view of the order that I make. This is an appeal and cross -appeal against a judgment of the High Court handed down on 25 April 2018. In…