WILLDALE LIMITED versus PHIBION GWATIDZO N.O and TERRIERS-LAXTOP BANKS and MASTER OF THE HIGH COURT N.O

Harare High Court · HH 237-21 · 05 2021

This is a court application filed for the removal of the first respondent as liquidator of Willdale Transport Services (Private) limited (Willtrans) together with an interdict against 1st Respondent holding a Special Meeting of the Creditors then set for 20…

TAPIWA SHIRI versus VALERIE SHIRI and N MARUFU NO

Harare High Court · HH 236-21 · 05 2021

This application for review of a magistrate’s maintenance variation decision on the grounds of bias, was placed before me on the unopposed roll for family matters. Suffice it to state that the failure to respond to the application for review…

THE STATE versus JESCA CHIGWAGWA

Harare High Court · HH 234-21 · 05 2021

The accused is a 68-year-old female first offender. She is married and has 6 children. She has two grandchildren that she stays with. She pleaded guilty to driving a private motor vehicle without a licence in contravention of s 6…

QUICKLINK INVESTMENTS (PRVATE) LIMITED versus CLIGEL MINING SYNDICATE

Harare High Court · HH 233-21 · 05 2021

This is an application for the confirmation of a provisional order granted on an urgent basis on 27 July 2020 wherein the respondent and anyone in its employ was interdicted from extracting mineral resources at applicant’s mining claim registered as…

ACCA ZIMBABWE versus CUTHBERT MUNHUPEDZI

Harare High Court · HH 232-21 · 05 2021

Applicant seeks vindication of vehicles it allocated to respondent for his use during the course and scope of his employment. Respondent argues that the vehicles are now his in terms of his contract of employment.

AMANDA BERKOWITZ (NEE COHEN) and WAVERLEY PLASTICS (PRIVATE) LIMITED versus ARON VICO and AA OMAR AND COMPANY And REGISTRAR OF COMPANIES N.O.

Harare High Court · HH 231-21 · 05 2021

This matter began as an application for a declaratur that the purported issue and allotment of 245 and 124 ordinary shares to first defendant and one Victor Cohen respectively is null and void; that the CR2 return of the allotment…

LLOYD MUNYARADZI MANOKORE versus THE LAW SOCIETY OF ZIMBABWE

Harare High Court · HH 230-21 · 05 2021

Following a disciplinary hearing, this Tribunal on 15th April 2021 ordered that the applicant’s name be deleted from the register of legal practitioners, notaries public and conveyancers. The applicant now seeks the suspension of that order pending the determination of…

ALAN CHARLES PATRICK INGRAM LOCK versus ELEN OLIVIA LOCK (NEE FISCHER) and THE SHERIFF OF ZIMBABWE N.O

Harare High Court · HH 239-21 · 05 2021

The applicant obtained the following provisional order: “TERMS OF THE FINAL ORDER That you show cause to this Honourable Court why a final order should not be made in the following terms: 1. It is declared that the payment by…

ZIMBABWE POWER COMPANY (PRIVATE) LIMITED v INTRATREK ZIMBABWE (PRIVATE) LIMITED

Supreme Court · SC39-21 · 05 2021

BHUNU JA: Before us is an appeal against the entire judgment of the High Court upholding the Respondent’s application for a declaration of validity of the parties’ contract of service coupled with an order for specific performance. It is common…

TAWANDA NYAMANDE versus THE STATE

Harare High Court · HH 277-21 · 05 2021

This is an appeal against both conviction and sentence imposed upon the appellant by the Magistrates Court following a charge of aggravated indecent assault as defined in s 66 (1) (a) of the Criminal Law (Codification and Reform )Act [Chapter…

THE STATE vs TAFADZWA CHIMUNDA

Masvingo High Court · HMA 25-21 · 05 2021

The 20 year old first offender was arraigned for murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. However at the commencement of the proceedings both counsel found each other and the matter…

SAMUEL SITHOLE APPLICANT Versus MINISTER FOR PRIMARY AND SECONDARY RESPONDENT EDUCATION N.O.

Labour Court · LC/H/APP/233/20 · 05 2021

This is an application for rescission of judgment. On 29 August 2020 this court handed down a default judgment order against the applicant employee when he failed to show up on the hearing date. Aggrieved by the default order the…

MATHEW WHEELER versus MESSENGER OF COURT HARARE N.O. and RESIDENT MAGISTRATE HARARE N.O. and CARTWORTH MACHINGAUTA

Harare High Court · HH235-21 · 05 2021

Applicant seeks a declaratory order against the respondents. The relief sought is aptly set out in the draft and reads as follows: “IT IS ORDERED THAT:- 1. Application for a Declaratory order be and is hereby granted. 2. The disqualification…

CHEGUTU MUNICIPALITY versus PHINEAS MARIYAPERA

Harare High Court · HH 229-21 · 05 2021

This is an application for rescission of judgment in terms of Order 49, Rule 449 of the High Court Rules, 1971. The basis of the application is that the Court which granted Summary Judgment in case number HC 11563/18 did…

ADRIAN MOYO versus MASTER OF THE HIGH COURT and OLIVER MASOMERA (in his capacity as the executor Dative of the estate late S.J.L Moyo DR 2120/04)

Masvingo High Court · HMA 07-21 · 05 2021

The applicant who appeared in person sought the following relief: - “IT IS ORDERED THAT 1. The application be and is hereby granted 2. The 1st Respondent shall within 10 days of this order instruct the 2nd respondent to finalise…

JOANNA MAMOMBE and CECILIA REVAI CHIMBIRI versus THE STATE

Harare High Court · HH 228-21 · 05 2021

The background to this appeal is that on 11 March, 2021, the appellants were denied bail by the provincial magistrate sitting at Harare. They had appeared before the magistrate on 6 March, 2021 for initial remand on a charge of…

NJOWA TICHAONA versus THE STATE

Harare High Court · HH 227-21 · 05 2021

The applicant was charged with the offence of theft. The facts of the case read like a movie. The allegations on which the applicant was placed on remand by the magistrate at Harare on 25 January 2021 were as follows.…

MARJORIE MUGWAGWA versus ZIMBABWE FARMERS DEVELOPMENT COMPANY (PVT) LTD

Harare High Court · HH 226-21 · 05 2021

In the magistrate’s court the respondent sued the appellant for payment of a sum of money said to represent the purchase price for certain farm machinery and equipment sold by the respondent to the appellant but for which the appellant…

WAICA REINSURANCE CORPORATION PLC versus AMPALT INVESTMENTS (PRIVATE) LIMITED and FORCHEVILLE INVESTMENTS (PRIVATE) LIMITED and TIMILI INVESTMENTS (PRIVATE) LIMITED and SUSAN MUTANGADURA N.O

Harare High Court · HH 223-21 · 05 2021

Arbitration falls in the realm of alternative dispute resolution. In a jurisdiction like Zimbabwe in which the adversarial approach is used, it is often touted as a better alternative than the winner-take-all approach. However, as this matter will show, there…

HURUNGWE RURAL DISTRICT COUNCIL v (1) JORAM MISHECK MOYO (2) KAROL MUTENGA (3) JACKSON MASHINGE

Supreme Court · SC 37-21 · 05 2021

This is a chamber application for leave to appeal against the judgment of the Labour Court handed down on 28 February 2020. The application is made in terms of s 92F(3) of the Labour Act [Chapter 28:01](“the Act”), the Labour…