PRECIOUS CHIPUNZA v MOSLEY MASHINGAIDZE

Supreme Court · SC 87-19 · 11 2019

This is an appeal against the decision of the High Court granting an order evicting the appellant and requiring him to pay holding over damages and costs of suit. The respondent alleged that he was the registered owner of the…

LONG DEAL ENTERPRISES (PVT) LTD t/a SOUTHERN EMPIRE REALITY versus HWANGE LOCAL BOARD

Bulawayo High Court · HB 169-19 · 11 2019

This is an application for absolution from the instance at the close of plaintiff”s case. On the 4th of February 2012 the parties entered into a written agreement in terms of which the defendant allocated to the plaintiff undeveloped land…

CHARLES SANDAWARE versus THE STATE

High Court of Mutare · HMT 75-19 · 11 2019

On 26 May 2016, appellant was arraigned at the Regional Court sitting at Rusape facing Rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on the date unknown to…

MUTSA MWAEDZA versus THE STATE

High Court of Mutare · HMT 77-19 · 11 2019

The appellant was convicted and sentenced for unlawful possession or dealing in precious stones. The facts forming the charge and conviction are that on 5 May 2018 the appellant was searched by the police and was found with pieces of…

TRYMORE MUSIYAZVIRIYO versus THE STATE

High Court of Mutare · HMT 78-19 · 11 2019

The applicant arraigned before the Magistrates Court facing a charge of Rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The facts forming the basis of the charge are that between May and…

JOE NYASHA KATOPE versus THE STATE

High Court of Mutare · HMT 80-19 · 11 2019

On 31 January 2019 the appellant was convicted by the Rusape Provincial Magistrate on allegations of public violence as defined in s 36 of the Criminal Law Code. He was sentenced to 3 years imprisonment of which 1 year imprisonment…

THE STATE Versus CHRISTOPHER SIBANDA

Bulawayo High Court · HB 194-19 · 11 2019

The accused was charged with the crime of murder in contravention of section 147 of the Code in that on 27 June 2018 at around 1500 hours, along a footpath at Sikhewu village under Chief Sikhobokhobo area of Nkayi, the…

THE STATE vs OBERT MABHADHO CHANDIREKERA

Masvingo High Court · HMA 51-19 · 11 2019

The accused was arraigned before this court on a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

D. MUDZIPURI versus TAKURA GAPARE

Masvingo High Court · HMA 50-19 · 11 2019

This was a civil appeal from the magistrate’s court. We heard it on 26 June 2019 and reserved judgment. Regrettably, judgment could not be delivered soon enough. For much of the first term vacation and part of the second term…

THOKOZANI KHUPE (2) MOVEMENT FOR DEMOCRATIC CHANGE – TSVANGIRAI (MDC-T) Versus (1) PARLIAMENT OF ZIMBABWE (2) SPEAKER OF THE NATIONAL ASSEMBLY (3) MORGEN KOMICHI

Constitutional Court of Zimbabwe · CCZ- 20-2019 · 11 2019

This is a court application brought in terms of s 167(2)(d) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”). The section provides that only the Constitutional Court (“the Court”) may determine whether Parliament or the President…

BOTHWELL TAURAI NYAMANDE versus THE STATE

High Court of Mutare · HMT 6-20 · 11 2019

On 14 August 2019 the appellant appeared before the senior Magistrate sitting at Mutare facing a charge of Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on 13…

THE STATE versus WITNESS MUTENGWI

High Court of Mutare · HMT 81-19 · 11 2019

The accused pleaded not guilty to a charge of murder as defined in Section 47 (1) of the Criminal Law (Codification) and Reform Act [Chapter 9:23]. The brief allegations forming the basis of the charge being that on the 26th…

THE STATE Versus MTHOBILE MOYO

Bulawayo High Court · HB 275-20 · 11 2019

The accused in this matter was charged with the crime of murder as defined in section 47 of the Criminal (Codification and Reform) Act, Chapter 9:23. It was alleged that on 15 May 2019 at Maphito Grazing Lands, in Tsholotsho,…

St Michaels Mission Hospital Appellant Phillip Ziyenge & 15 Others Respondents Before HonourablesG. Musariri, & C. Kachambwa, Judges For Appellant - Mr TJ. Mafongoya, Attorney For Respondent - Ms L Ngoshi, Respondent MUSARIRI, J:

Labour Court · LC/H/05/19A · 11 2019

On the 13th December 2018 at Harare, Arbitrator S. Nehowa made an award. She ordered Appellant (employer) to reinstate Respondents (employees) without loss of salary and benefits. Alternatively she ordered the employer to pay the employees damages in amounts either…

MARY MURDOCH HOWSON v JOHN ALEXANDER CAMERON

Supreme Court · SC 69-20 · 11 2019

This is an appeal against the whole judgment of the High Court, dismissing the appellant’s claim against the respondent on the basis that it had prescribed and that the alleged acknowledgment of debt by the respondent did not interrupt prescription.

TICH DARANGWA And HAPPIAS CHINGWANYA And DANIEL MUTISI And NHAMO MAPIYE And SIMBARASHE CHIKWEZA Versus NEW HORIZON MINING SYNDICATE (Represented by ALLEN SIBANDA in his capacity as the Mine Manager) And THE PROVINCIAL MINING DIRECTOR, MIDLANDS PROVINCE (N.O) And THE MINISTER OF MINES AND MINING DEVELOPMENT (N.O)

Bulawayo High Court · HB 165-19 · 10 2019

This is an urgent chamber application in which the applicants seek an order couched thus; “TERMS OF THE FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following…

PATRICIA MASHORO T/A AMAVENI STOCKIST Versus DELTA BEVERAGES (PVT) LTD

Bulawayo High Court · HB 166-19 · 10 2019

This is an application for absolution from the instance. Plaintiff instituted proceedings against the defendant claiming payment of the sum of US$135 700,92 being loss of income arising from an alleged breach of contract by the defendant, together with costs…

CONSTABLE RATOWA W Versus THE TRIAL OFFICER (CHIEF SUPERINTENDENT BOWA P) And THE COMMISSIONER GENERAL OF POLICE

Bulawayo High Court · HB 167-19 · 10 2019

This is an application for condonation of late filing of an application for review under case number HC 2329/16. BACKGROUND Prior to 24 May 2016, the applicant was an officer in the Police Service. Following allegations of improper release of…

DEAN BENJAMIN MARTIN and MUZAFFAR KHAN versus THE SHERIFF OF ZIMBABWE and SMIT INVESTMENTS HOLDINGS SA PROPRIETARY LIMITED t/a GECKO PROJECTS and GANET MINING PROPERIETARY LIMITED and JUDICIAL SERVICE COMMISSION

High Court of Mutare · HMT 73-19 · 10 2019

The two applicants (Dean Benjamin and Muzaffar Khan) are seeking an order particularized on the draft along the following format: “IT IS ORDERED THAT: 1. The 2nd and 3rd Respondents are hereby ordered to restore possession of the Volvo A…

DERECK CHITAKATIRA versus THE STATE

High Court of Mutare · HMT 76-19 · 10 2019

The applicant was convicted of murder as defined in s 47 (1) (a) of (b) of the Criminal Code on 20 September 2019 and sentenced to 18 years imprisonment. He has now filed an application for leave to appeal in…