WITNESS PARADZAI GARIKAI And TATENDA GARIKAI versus THE STATE

High Court of Mutare · HMT 75-20 · 10 2020

On 2 June 2020, the current two applicants were arraigned for murder where the state alleged that on 25 December 2018 and at Constance, Chitungwiza, Nyahukwe Road, Rusape, the accused each or one of them unlawfully caused the death of…

MIRIAM KWANGWA AND 77 OTHERS versus SMM HOLDINGS (PVT) LTD (Under Reconstruction) t/a SMM PROPERTIES

Masvingo High Court · HMA 58-20 · 10 2020

This is an appeal against the decision of the Magistrates court sitting at Masvingo ordering the eviction of the appellants from certain residential premises which they currently occupy on account of their employment with the Respondent company.

KARREN SEKAI CHAYITARA versus DAVISON KANOKANGA and TECHSTONE INVESTMENTS (PRIVATE) LIMITED and LIVINGSTONE CHAYITARA and LEARNMORE TIGERE and MESSENGER OF COURT N.O. and REGISTRAR OF DEEDS N.O.

Harare High Court · HH 67-21 · 10 2020

This is an application to confirm or discharge a Provisional order granted by this court on the 9th of August 2019. The brief facts are that the applicant filed an urgent chamber application for an Interdict stopping transfer of an…

ZIMBABWE CONSOLIDATED DIAMOND COMPANY (PRIVATE) LIMITED v (1) GRANDWELL HOLDINGS (PRIVATE) LIMITED (2) COMMISSIONER-GENERAL ZIMBABWE REPUBLIC POLICE 3) MBADA DIAMONDS (PRIVATE) LIMITED

Supreme Court · SC144-20 · 10 2020

This is an appeal against the whole judgment of the High Court sitting at Harare dated 24 February 2017 in which the court a quo granted an interim interdict sought by the first respondent on behalf of the third respondent.

CIVIL SERVICE COMMISSION & 3 ORS APPLICANTS And BORNFACE DUNDURU & 12 ORS

Labour Court · LC/H/APP/67/20 · 10 2020

This is an application for condonation for late filing of Notice of Response and Heads of Argument and upliftment of bar currently operating against Applicants. The application is opposed. The parties initially appeared before the Senior Judge Mhuri on the…

ANNA-MERCY MUNANGATIRE v (1) NOREEN CHIKAKA (IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF THE LATE SAMUEL DICK MUNANGATIRE) (2) GRACE NYANDORO (3) THE MASTER OF THE HIGH COURT N.O

Supreme Court · SC 143-20 · 10 2020

This is an appeal against the whole judgment of the High Court dated 18 January, 2018 which dismissed the appellant’s application for a declaratory order. The appellant had sought an order in the court a quo in the following terms:…

MATUPULA HUNTERS (PRIVATE) LIMITED Versus LODZI HUNTERS (PRIVATE) LIMITED

Bulawayo High Court · HB 232-20 · 10 2020

This is a chamber application in terms of rule 164 as read with rule 165 (1) of the High Court Rules, 1971 (Rules). It is contended that (a) applicant filed and served upon respondent a notice to make a further…

ENIAS NHORO Appellant And MINISTER OF PRIMARY & SECONDARY EDUCATION 1stRespondent And PUBLIC SERVICE COMMISSION

Labour Court · LC/H/14/20 · 10 2020

During his tenure as Deputy Head at Kuredza Primary School, appellant was charged with acts of misconduct in terms of Section 44 (2) as read with paragraphs1, 3, 13 and 24 of the Public Service Regulations 2000, Statutory Instrument 1…

COSMAS CHIKWAWAWA Appellant AND NATIONAL SOCIAL SECURITY AUTHORITY Respondent

Labour Court · LC/H/72/13 · 10 2020

The present judgment was prepared in 2018. There has been a delay in its handdown. l tender my most sincere apologies to the parties. This is an appeal against a determination of the Appeals Committee handed down on 9th of…

STANLEY MPOFU And CECILIA MPOFU Versus SAMPSON SAMUEL MLAUDZI And THE SHERIFF OF ZIMBABWE N.O. And OBEY MAGWEKWE

Bulawayo High Court · HB 220-20 · 10 2020

This is an application to set aside a sale in execution conducted by the Sheriff in terms of Order 40 Rule 359 (8). Before I proceed to deal with the substance of the application I have to deal with the…

TRUST ZHOU Versus TINOTENDA S MOYO

Bulawayo High Court · HB 226-20 · 10 2020

This is an urgent application. This application was filed on the 6 August 2020, when this court was on vacation. On the 7th August 2020, the duty Judge then, endorsed that the matter could not be set-set down for hearing…

MBUNDAYA ANNAH Versus CHITOYO TINASHE And MUTAMBISI EDMORE

Bulawayo High Court · HB 227-20 · 10 2020

Where a party institutes legal action for delictual damages arising out of a road traffic accident the pleadings must set out the particulars of negligence. It is imperative for the plaintiff to allege wrongfulness and unlawfulness of the defendant’s conduct…

THE STATE Versus EDMORE NDLOVU

Bulawayo High Court · HB 228-20 · 10 2020

This criminal review raises the question of the competency of treating the offences of negligent driving and driving without a drivers’ licence as one for the purposes of sentence. The accused was arraigned before a magistrate facing one count of…

PETER DUBE Versus PARKVIEW WEIZMAN SPORTS CLUB

Bulawayo High Court · HB 230-20 · 10 2020

This is an application for rescission of judgment brought in terms of Rule 449 or alternatively Rule 63 of the High Court Rules, 1971. Rule 449 provides that:- (1) “The court or a Judge may in addition to any other…

ROBERT NJANJI Versus ADDITIONAL SHERIFF N.O. And PEOPLE’S OWN SAVINGS BANK

Bulawayo High Court · HB 231-20 · 10 2020

This is an application in terms of Order 49 rule 449(1) (a) of the High Court Rules, 1971 (Rules). This rule provides that the court or a judge may, in addition to any other power it or he may have,…

RAFTSMAN INVESTMENTS (PRIVATE) LIMITED V (1) ROBBIN FRANCIS H TEBB (2) REGISTRAR OF DEEDS

Supreme Court · SC 138-20 · 10 2020

This is an appeal against the whole judgment of the High Court sitting at Harare in which the court dismissed an application for the amendment of summons and plaintiff’s declaration in case number HC 9631/16.

THE STATE versus TAWANDA MURANDA

Masvingo High Court · HMA 59-20 · 10 2020

The loss of life in this matter was clearly unfortunate and regrettable by all accounts.

TICHAONA TASIYANA v SHINGIRAYI SHARARA

Supreme Court · SC 140-20 · 10 2020

This is an application for condonation of the late noting of an appeal. It does not state the rule of this Court in terms of which it is made, a situation not helped by the failure in both the body…

BRIAN MAKWABARARA v (1) CITY OF HARARE (2) MR E. NYAKURERWA (3) MRS L. JOHNSON (4) NEWTON SPICER

Supreme Court · SC 139-20 · 10 2020

This is an application for condonation and, extension of time within which to file an application for the reinstatement of an appeal filed by the applicant against the judgment of the Administrative Court upholding the granting to the second respondent…

ONWELL MADOVI v STANDARD CHARTERED BANK OF ZIMBABWE (PRIVATE) LIMITED

Supreme Court · SC 136-20 · 10 2020

This is an appeal against the whole judgment of the Labour Court handed down on 30 June 2017, which upset the determination of the Appeals Board of the National Employment Council (NEC) Banking undertaking of 15 July 2016 made in…