THE STATE Versus ISHEUNOPA SIBANDA 2. THE STATE Versus ALECK NKOMO 3. THE STATE Versus JOSEPH GIFT KAIRA 4. THE STATE Versus PEACE BROWN ZIKHALI

Bulawayo High Court · HB-05-21; HCAR-2278-20 · 01 2021

These four matters were dealt with in separate trials by the same Bulawayo magistrate. The matters raise a similar issue, as will appear below. These four accused persons, in different records were convicted and sentenced by a Bulawayo magistrate for…

THE STATE Versus NKOSIYABO PRINCE KHUMALO

Bulawayo High Court · HB-04-21; HCAR-166-20 · 01 2021

This matter was placed before me on automatic review. The accused person was arraigned before the Regional Court- Western Division, Gwanda. The accused was charged with two counts; count 1 of contravening section 126 of the Criminal Law [Codification and…

MERYSTAKE INVESTMENTS (PRIVATE) LIMITED versus ZIMBABWE REVENUE AUTHORITY and THE COMISSIONER GENERAL OF THE ZIMBABWE REVENUE AUTHORITY and COMMISSIONER CUSTOMS AND EXCISE OF THE ZIMBABWE REVENUE AUTHORITY and ZIMBABWE REVENUE AUTHORITY REGIONAL MANAGER, REGION 1, MRS J MUNONGI-CHIKWANDA (NO)

Harare High Court · HH 88-21 · 01 2021

The instant urgent chamber application is one for an interim prohibitory interdict against respondents to bar and /or stop them from disposing and/or selling two truck horses and two tanker trailers belonging to applicant which respondents have forfeited.

CHRISTOPHER TICHAONA KURUNERI versus CHIDA-DESMOND ZIMBABWE (PRIVATE) LIMITED and MICHAEL CHIVANDIRE

Harare High Court · HH 33-21 · 01 2021

The plaintiff’s claim against the defendant is for- a) Payment of US$12 000.00 being the damages for the actual loss of the plaintiff’s six (6) Brahman cattle which died after drinking from a cyanide pool. b) Payment of an additional…

KEMERST CONSTRUCTION (PVT) LTD versus THE SCHOOL DEVELOPMENT ASSOCIATION (SDA) OF CHITSERE PRIMARY SCHOOL

Harare High Court · HH 30-21 · 01 2021

The undisputed facts in this case are that the plaintiff being represented by Mr. Ernest Magome the director, carried out refurbishment works at the defendant’s school, Chitsere Primary School worth US$44 375.20. The defendant managed to pay the plaintiff an…

DAVID CHAMANGA versus MINISTER OF HOME AFFAIRS AND CULTURE AND HERITAGE and THE COMMISSIONER GENERAL OF POLICE and OFFICER IN CHARGE MUTOKO CID and SERGEANT MAFA

Harare High Court · HH 27-21 · 01 2021

The defendants filed a special plea to the plaintiff’s summons as amplified in the plaintiff’s declaration. According to the plaintiff’s declaration the plaintiff is has been a long standing member of the Movement for Democratic Change, (MDC) one of Zimbabwe’s…

CMED (PRIVATE) LIMITED versus FIRST OIL COMPANY (PRIVATE) LIMITED

Harare High Court · HH 26-21 · 01 2021

At the commencement of this trial the parties agreed that this matter be dealt with as a special case in terms of Order 29, Rule 199 of the High Court Rules, 1971. The facts in relation to the special case…

1. EDWARD BUWU CASE NO. HC 7760/18 and FANI LESLY BUWU versus VILLAGE INN (PVT) LTD and SHERPHARD T. CHIMUTANDA and TATIPANO PROPERTIES (PVT) LTD and THE CHIEF REGISTRAR OF DEEDS 2. EDWARD BUWU CASE NO. HC 7843/18 and FANI LESLY BUWU versus FOLAY INVESTMENTS (PVT) LTD and SHERPHARD T. CHIMUTANDA and PARADISE ROAD (PVT) LTD c/o MR. MUDYIWA EDSON PADYA and THE CHIEF REGISTRAR OF DEEDS

Harare High Court · HH 25-21 · 01 2021

The plaintiffs are praying for an order against the defendants to the effect that the agreements of sale be and are hereby cancelled. That the fourth defendant be and is hereby restrained from effecting transfers in terms of the agreements.…

TAKAVARASHA NHARARA Versus AGRICULTURAL DEVELOPMENT BANK OF ZIMBABWE T/A AGRIBANK And SHERIFF OF THE HIGH COURT And AMANDA TWALA

Bulawayo High Court · HB 306-20 · 01 2021

In this court application, the applicant seeks the following relief; “1. The sale concluded by the 1st respondent in respect of the immovable property being stand No. 1986 of Gokwe, held under Title Deed of Grant No. 2072/12 be and…

CHARLES SAMVURA and SONENI SAMVURA versus SALTANA ENTERPRISES (PVT) LTD and DAVID PFUKWA MUTINGWENDE and ANTORNY ERNEST PAHWARINGIRA and DANMORE BATSIRAI

Harare High Court · HH 6-21 · 01 2021

This is a double sale situation. On 4 April 2002 and at Harare the plaintiff purchased the right, title and interest in a certain piece of land situate in the district of Salisbury called stand 7872 Warren Park Township of…

MAY TSHUMA And NDABEZINHLE TSHUMA And RICNOB SUPPLIERS (PRIVATE) LIMITED Versus MIKE MANDIZERA And THE PROVINCIAL MINING DIRECTOR N.O.MATEBELELAND SOUTH And THE SHERIFF OF THE HIGH COURT

Bulawayo High Court · HB 308-20 · 01 2021

This is an urgent application for stay of execution of a writ of ejectment and execution against moveable property issued on the 12 November 2020. The title of the application is “urgent chamber application for stay of execution pending an…

JERRY MATUMBU Versus THE STATE

Bulawayo High Court · HB 309-20 · 01 2021

This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court, sitting in Beitbridge, on a charge of robbery in contravention section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The…

CLENIAS SITIMELA Versus THE STATE

Bulawayo High Court · HB 310-20 · 01 2021

This is a bail application lodged by the applicant after the first application was refused in this court. The first application was refused on the 27 August 2020. The applicant is now applying for bail on the basis of new…

EDWARD CHIWANDIKA versus THE STATE

Harare High Court · HH 5-21 · 01 2021

The applicant applies for bail pending appeal number CA 1109/15. The applicant was convicted of the offence of rape as defined in s 65 of the Criminal Law (Codification & Reform) Act. [Chapter 9:23] by the regional magistrate sitting at…

ROBERT MARTIN GUMBURA versus THE STATE

Harare High Court · HH 3-21 · 01 2021

I would not have composed a written judgment but for the need to clear the confusion within the applicant’s misunderstanding of procedure to assert his liberty rights. The background to the applications B 1725/20 and B 1892/20 is as follows.…

ERNEST MHAMBARE versus ALFRED KUSHAMISA MWAZHA and NGONI EDWARD MWAZHA and MASIMBA MWAZHA and JAMES MWAZHA and RICHARD JURU and ELSON TAFA and CHARLES TEKESHE and LOVEMORE MHARADZE and NORMAN SIYAMUZHOMBWE and AFRICAN APOSTOLIC CHURCH (VaApostora VeAfrica)

Harare High Court · HH 2-21 · 01 2021

Following a leadership dispute in the African Apostolic Church (VaApostora VeAfrica) which is the tenth respondent in this matter, the applicant approached this court by way of a court application in case number HC 2402/20 for a relief. He petitioned…

BLOOMING LILLY INVESTMENTS (PRIVATE) LIMITED and REYTALON LIMITED versus ONTAGE RESOURCES (PRIVATE) LIMITED and TAPIWA ZEBRON GURUPIRA and TAWANDA ELIAS GURUPIRA and THE REGISTRAR OF COMPANIES (N.O)

Harare High Court · HH-01-21 · 01 2021

An exception and a special plea fall under the genus “Alternatives to pleading to the merits; forms”. Whilst the stated matter is the case, the two are not the same. They are markedly different from each other. Herbestein & Van…

WEALTHBIRD INVESTMENTS (PRIVATE) LIMITED versus TOWN CLERK – CITY OF MUTARE and CITY OF MUTARE

High Court of Mutare · HMT 100-20 · 12 2020

On 15 September 2020 the respondents municipal police went to Stand 5221 Mutare Township and destroyed applicant’s temporary structure on the pretext that applicant had no authority to construct any structures at the site. Applicant had no approved building plans…

MATHEW SOGOLANI Versus (1) THE MINISTER OF PRIMARY AND SECONDARY EDUCATION (2) THE HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL (3 THE HEADMASTER, CHIZUNGU PRIMARY SCHOOL (4) THE ATTORNEY-GENERAL OF ZIMBABWE

Constitutional Court of Zimbabwe · CCZ- 20-20 · 12 2020

This is an application made in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”) for appropriate relief based on a freedom of religion claim. The application raises questions of the constitutionality of…

LOVEMORE RUVENGO Versus CHRISTINE NEMBAWARE And SHERIFF OF THE HGH COURT N.O.

Bulawayo High Court · HB 300-20 · 12 2020

MABHIKWA J: The applicant in the matter filed an urgent chamber application for stay of execution seeking the following interim relief that: 1. Pending the return date, the 1st and 2nd respondents be ordered to suspend execution of the court…