DAVID CHIWEZA and KUMBULA CHIWEZA versus MUNYARADZI PAUL MANGWANA and PAULINE MANGWANA and COMMERCIAL BANK OF ZIMBABWE LIMITED and THE SHERIFF OF ZIMBABWE N.O.

Harare High Court · HH 55-21 · 02 2021

For purposes of this judgment, the parties shall be referred to as the applicants and respondents as cited in HC694/20, HC1689/20 and HC10007/19. I have made the decision to write an omnibus judgment in all four matters

SHOMET INDUSTRIAL HOLDINGS (PVT) LTD And YAN YU versus VINCENT TOM-BARRIS And WASHINGTON FRERA And REGISTRAR OF DEEDS

Harare High Court · HH 52-21 · 02 2021

On 7 November 2018, applicants obtained, on an urgent and ex parte basis, a provisional order which granted them the following interim relief: 1. That first and second respondents is barred and/or restrained from using in any manner and for…

ZIMBABWE DIAMOND AND ALLIED MINERALS MINES WORKERS UNION And SYLVESTER BEREMAURO And MICHAEL PHIRI versus ZIMBABWE GERMAN GRAPHITE MINES (PRIVATE) LIMITED T/A LYNX MINE And THE MASTER OF THE HIGH COURT And THE REGISTRAR OF COMPANIES

Harare High Court · HH 51-21 · 02 2021

Applicants seek for the placement of the first respondent under corporate rescue in terms of s121 (a) financially distressed, it having failed to pay accounts in terms of its obligations, and that justice and equity requires that first respondent be…

DOHNE CONSTRUCTION (PVT) LTD versus UNKI MINES (PVT) LTD

Harare High Court · HH 43-21 · 02 2021

This is an application to compel the respondent to comply with the decision of an adjudicator in terms of Clause W1.4 of the engineering and construction contract between the parties.

THE SHERIFF OF ZIMBABWE and FREDERICK CHARLES MOSES MUTANDA versus BERESFORD HAWLEY RICHARD BROWN and GORDON FRASER FARQUHARSON

Harare High Court · HH 42-21 · 02 2021

The claimant instituted interpleader proceedings claiming ownership of an excavator which was attached by the applicant to satisfy a writ issued by the judgment creditors.

1. ROBERT MARTIN GUMBURA B 157/21 versus THE STATE 2. BLESSING MAKOMBORERO CHIDUKE B 136/21 versus THE STATE

Harare High Court · HH 63-21 · 02 2021

The above two applications have been consolidated only for purposes of preparing one judgment that disposes of both applications. The motivation for the consolidation is based upon the considerations that both applicants are co-accused in case No. Harare Magistrates court…

MARGARET KATSOKORE versus THE STATE

Harare High Court · HH 62-21 · 02 2021

The appellant appeared before the Magistrates Court at Harare charged with theft as defined in s 113 (2) (d) of the Criminal Law Codification and Reform Act [Chapter 9:23] it being alleged that she received a Massey Ferguson 390 E…

GERALD RUTIZIRA and NEVERSON MWAMUKA versus THE STATE

Harare High Court · HH 61-21 · 02 2021

The two applications referenced B 152/21 and B 175/21 were consolidated for purposes of hearing because the applicants are co-accused in the case for which they seek to be admitted to bail pending trial. The reference to first and second…

TRYMORE YEMURAI versus THE STATE

Harare High Court · HH 60-21 · 02 2021

The appellant as accused No. 5 appeared before the provincial magistrate with four alleged accomplices on 30 October, 2020 facing a charge of robbery as defined in s 126 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The…

THE STATE versus BERNARD MUKANDAWIRE

Bulawayo High Court · HB19-21 · 02 2021

DUBE-BANDA J:This matter was placed before me on automatic review. The accused person was arraigned before the Magistrate’s Court - Binga. He was charged with six counts; count 1, 2, 3 and 5 being unlawful entry into premises in aggravating…

TADIOS MUTSENGI versus RURAL ELECTRIFICATION AGENCY

Masvingo High Court · HMA 13-21 · 02 2021

This is an opposed application wherein applicant seeks the following relief:- “IT IS HEREBY ORDERED 1. That applicant was on a contract without limit of time. 2. That the variation of the applicant’s contract of employment is null and void…

ANDREW BAKASA versus NATIONAL RAILWAYS OF ZIMBABWE

High Court of Mutare · HMT 6-21 · 02 2021

On 11 February 2021 the applicant approached this court through the urgent chamber book. The respondent was duly served with the application and set down date for hearing on 12 February 2021. In compliance with the practice direction, the applicant…

JIM KUNAKA versus THE STATE

Harare High Court · HH 50-21 · 02 2021

The appellant was on 30 December 2020 denied bail pending trial by the provincial magistrate sitting at Harare. The appellant had appeared before the magistrate on a charge of incitement to participate in a gathering with intent to promote public…

JACOB NGARIVHUME versus THE STATE

Harare High Court · HH 49-21 · 02 2021

On 2 September 2020, the applicant was granted bail by this court on appeal against the refusal by the Magistrate Court to admit him to bail on a charge of incitement to commit public violence as defined in s 187…

AARON MUSITEYI versus THE STATE

High Court of Mutare · HMT 2-21 · 02 2021

The applicant was arraigned before the Magistrates Court on a charge of rape as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that some time in December 2020 the complainant…

ST ENGENAS ZIONIST CHRISTIAN CHURCH versus MAXWELL MAHWEHWE RISIAS CHIKATO MICHAEL CHIKATO SOLOMON CHIKATO ALLETAH CHIKATO ST ENGENAS ZIONIST CHRISTIAN CHURCH HIGH SCHOOL (ZIVAVOSE HIGH SCHOOL) MINISTER OF PRIMARY AND SECONDARY EDUCATION (HONOURABLE PAUL MAVHIMA) N.O.

Masvingo High Court · HMA 11-21 · 02 2021

This trial involves a dispute over who is the registered owner of 5th defendant school (sometimes simply referred to as the school). As crisply put in the issue referred to trial the issue is “Whether or not plaintiff is the…

SIHLASELWE SIBANDA Versus THE STATE

Bulawayo High Court · HB17-21 · 02 2021

DUBE-BANDA J: This is an application for bail pending trial. This application was determined on written submissions only.1Applicant is being charged with the crime of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter…

OWEN KUCHATA versus THE STATE

Harare High Court · HH54-21 · 02 2021

The applicant applied for bail pending trial before FOROMA J on 26 June, 2020. The application was dismissed on 24 July, 2020. The reasons for judgment are contained in judgment HH 486/20. That judgment sets out the background to the…

HOPEWELL CHIN’ONO versus THE STATE

Harare High Court · HH 48-21 · 02 2021

The applicant was granted bail by myself on application filed under case number B1359/20. The bail was granted on 2 September, 2020. The applicant faces charges of incitement to commit public violence as defined in s 187 (1) (a) as…

ALERT SIBANDA Versus THE STATE

Bulawayo High Court · HB18-21 · 02 2021

KABASA J: This is an application for bail pending appeal. I did not hear the parties as I decided to dispose of the matter on the papers in terms of Practice Direction 2/2021, a Practice Direction put in place in…