JOHN CHIGAVAKAVA versus MUGIRIKI WAIRE

Masvingo High Court · HMA 17-21 · 03 2021

This is an appeal of a judgment of the Magistrate sitting at Zaka. The order granted by the Magistrate reads as follows:- “It is ordered as follows:- 1. Respondent be and is hereby ordered to keep and observe peace towards…

MEHLULI DUBE And ABEL MPOFU versus The State

Masvingo High Court · HMA 12-21 · 03 2021

The appellants were convicted in the Magistrates court sitting at Masvingo of seven counts of stock theft. Although upon arraignment they denied each of those seven counts, the court a quo found in the wake of the ensuing trial that…

DINSON COLLIERY COMPANY (PRIVATE) LIMITED versus MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE N.O. and COMMISSIONER GENERAL OF POLICE N.O. and SERGEANT MAZANI N.O. and TANAKA ENERGY (PRIVATE) LIMITED

Harare High Court · HH-102-21 · 03 2021

On 10 February 2021, applicant filed this urgent chamber application seeking relief set out in the draft provisional order as follows: “TERMS OF FINAL ORDER SOUGHT: That you show cause to the Honourable Court why a final order should not…

VINCENT CALVIN CHIKASHA versus THE STATE

Harare High Court · HH-101-21 · 03 2021

This judgment will dispose of bail application No B 1907/20 and application for condonation of late noting of appeal CON 420/20. The background facts to the two applications is that the applicant together with his two co-accused appeared before the…

INDIGENOUS PETROLEUM ASSOCIATION OF ZIMBABWE versus ZIMBABWE ENERGY REGULATORY AUTHORITY and MINISTER OF ENERGY AND POWER DEVELOPMENT

Harare High Court · HH-100-21 · 03 2021

The applicant seeks an order for confirmation of a provisional order granted on the following terms; “TERMS OF THE FINAL ORDER SOUGHT That you show cause why a final order should not be made in the following terms 1. The…

ARTHUR FERNANDO PEREIRA DIAS and ROSALIE MERCEDES DIAS versus DAWID JOHANNES ERASMUS and YAN YU in Her Capacity as Executrix Dative for the Estate of ZHAOSHENG WU and YAN YU and ERAS ACCOUNTING & EXECUTOR SERVICES and SHOMET INDUSTRIAL DEVELOPMENT (PVT) LTD and THE REGISTRAR OF DEEDS and MONOMOTAPA GARDEN FURNITURE (PVT) LTD

Harare High Court · HH 99-21 · 03 2021

This judgment is in respect of three matters which were consolidated for the purpose of the hearing. These are HC 1442/10, HC2480/10 and HC 6520/10. By agreement reached at the pre-trial conference, the citation embraced herein is what is to…

MASIMBA CHARITY HUNI FUELS PVT LTD versus NATHAN AMOS KADURIRA and MAKONI RURAL DISTRICT COUNCIL

Harare High Court · HH 98-21 · 03 2021

This appeal was against the granting of an interdict by the lower court whereby the appellant, Masimba Charity Huni Fuels Private Limited (hereinafter referred to as “the appellant”) was interdicted from occupying or effecting any form of development and constructing…

OTTO CHAITEZVI versus THE STATE

Harare High Court · HH 97-21 · 03 2021

The appellant was convicted, after contest, of contravening s 113 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). It had been alleged that on 24 July 2018 and at the corner of Visage and Princess…

PATIENCE MOLIFE versus THE STATE

Harare High Court · HH 96-21 · 03 2021

The appellant was convicted, on his own guilty plea of contravening s 89 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 24 months imprisonment of which 3 years were suspended on condition of…

FARAI JERE and LEONARD CHISINA and FREEMAN CHIKONZO versus LANZINI NCUBE N.O. and THE PROSECUTOR GENERAL

Harare High Court · HH 92-21 · 03 2021

This matter came before me as an unopposed application for the review and setting aside of the decision of the Magistrates Court at Harare (the first respondent herein was the presiding Magistrate). In terms of that decision the applicants’ challenge…

PROSECUTOR GENERAL versus MUSA TAJ ABDUL and RUDOLPH TAPIWA KANHANGA and GODFREY MUPAMHANGA

Harare High Court · HH 90-21 · 03 2021

Applications such as the one before me are quite rare. The applicant is the Prosecutor General. He is aggrieved by the decision of this Court, per CHIKOWERO J in case no. B 2202/20 made on 11 December, 2020 wherein the…

JAISON MAX KOKERAI MACHAYA Versus THE STATE

Bulawayo High Court · HB 36 - 21 · 03 2021

DUBE-BANDA J: The applicant seeks leave to appeal to the Supreme Court against the judgment of this court handed down on 5th January2021. The grounds upon which leave to appeal is sought, are listed extensively in the application and will…

BELIEF DONGO Versus THE STATE

Bulawayo High Court · HB 32-21 · 03 2021

DUBE-BANDA J: This is an application for bail pending appeal. It was filed with this court on the 12 February 2021. Respondent filed its response on the 15 February 2021. This application was considered on the papers filed by the…

MDUDUZI NDLOVU Versus THE STATE

Bulawayo High Court · HB 31-21 · 03 2021

DUBE-BANDA J: This is an application for bail pending trial. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice…

MICHAEL NELSON NYABANGA versus ASSETFIN (PVT) LTD and ZIMBOS (PVT) LTD and SHERIFF OF ZIMBABWE N.O. and REGISTRAR OF DEEDS N.O. HIGH COURT OF ZIMBABWE MUSITHU J HARARE, 4 November 2020 & 9 March 2021

Harare High Court · HH 95-21 · 03 2021

On 27 May 2020 plaintiff issued summons against defendants seeking relief, which appears ex facie the summons as follows: a) A compelling order for the transfer of rights for the transfer of rights, interest and title of a certain piece…

TASARA MUGUTI and OTTILIA KUDZAI MUGUTI versus THE MINISTER OF LANDS AND RURAL RESETTLEMENT and THE ATTORNEY GENERAL

Harare High Court · HH 94-21 · 03 2021

Law is a discipline which has many branches and sub-branches. A party who is suing another must make every effort to make a conscious decision on the branch or sub-branch of the law under which his suit must fall. Where…

JOHNSON NGORIMA and SINIKIWE NGORIMA versus ADMIRE CHEMHERE

Harare High Court · HH 93-21 · 03 2021

I heard this matter on 10 November 2020. I dismissed it with costs. The dismissal was in terms of an ex tempore judgment which I made.

EX CONSTABLE MUZOREWA W versus THE COMMISSIONER GENERAL OF POLICE and THE POLICE SERVICE COMMISSION

Harare High Court · HH 91-21 · 03 2021

Applicant is an ex-member of the Zimbabwe Republic Police, (ZRP). He was attested into the Police Service on 2 February 2011. He was discharged from service by 1st respondent on 10 January 2017. He appealed that decision to the 2nd…

NELCH INVESTMENTS (PVT) LTD versus TOYORAMA INVESTMENTS (PVT) LTD and THE REGISTRAR OF DEEDS

Harare High Court · HH 82-21 · 03 2021

The applicant seeks against the respondents, the following relief set out in the draft order accompanying the application: “IT IS ORDERED THAT:- 1. The Applicant is not in breach of the agreement of sale in respect of Stand number 1227…

HAMILTON PROPERTY HOLDINGS LIMITED versus ESTATE LATE CYPRIAN MUSARURWA and JOSEPH MACHIPISA and REGISTRAR OF DEEDS N.O. and THE MASTER OF THE HIGH COURT

Harare High Court · HH 81-21 · 03 2021

I heard this matter on 14 September, 2020. I delivered an ex tempore judgment in which I granted the applicant’s prayer. On 2 October, 2020 the first and second respondents wrote to the High Court registrar. They requested reasons for…