ASSA CHIMERI And PARTSON CHAMISA And TIMOTHY NDLOVU And NELSON MUKWEBO And TARIRO LIZZY CHAMISA And SITHEMBILE MUTHAKHATHI And SARUDZAI MUKWEBO And SITHOKOZILE NDLOVU And CHETENI NDARIMANI And RUTH CHIDANHIKA And SYNDEY MAKUNI And ISSAC MAGURAISHE Versus DEPUTY SHERIFF N.O And REV RICHARD JOHN SIBANDA And THE APOSTOLIC FAITH MISSION OF PORTLAND, OREGON (SOUTHERN AFRICAN HEADQUARTERS) INC And ONIYAS GUMBO And KWAZISO BOSHA And JAMESON NKIWANE

Bulawayo High Court · HB 123-19 · 09 2019

In this matter I was phoned just before midnight on 29 June 2019, it having been filed as an urgent chamber applicant. I got to the High Court at 0012 hours on Sunday 30 June 2019. I found some of…

N & S PROPERTIES (PVT) LTD Versus UMGUZA RURAL DISTRICT COUNCIL

Bulawayo High Court · HB 139-19 · 09 2019

The respondent obtained a default judgment which it now clings on to for dear life resulting in this application for rescission of that default judgment. The facts In 2008, the parties voluntarily entered into an agreement wherein the respondent offered…

NGUVAYEKUPEDZISIRA APOSTOLIC CHURCH Versus VADZIDZI VAKATENDEKA APOSTOLIC CHURCH OF GOD And ALPHONSE MATASA And RICHARD N. NCUBE And GEORGE NDEBELE And GIBSON GANYAHEME

Bulawayo High Court · HB 140-19 · 09 2019

As is fashionable in some churches these days, the respondents are secessionists who brokeaway from the applicant to form their own church being the 1st respondent. However, applicant alleges that despite using a different name, respondents continue to conduct their…

ZENG DENGHUI And PEICONG WANG And LUI CHENG And YU XIAN And YONG ZHU And CHEN XIANGFU And QUI JINCHANG Versus THE STATE

Bulawayo High Court · HB 142-19 · 09 2019

The seven applicants are Chinese nationals. On the 23rd of December 2018, the applicants were arrested at Victoria Falls and charged on the first count with contravening section 45 (1) (b) of the Parks and Wildlife Act (Chapter 25:14), that…

CUTHBERT ELKANA DUBE v (1) PREMIER SERVICE MEDICAL AID SOCIETY (2) PREMIER SERVICE MEDICAL INVESTMENTS

Supreme Court · SC 73-19 · 09 2019

This is an application for condonation for non-compliance with the Rules of this Court and for an extension of time within which to file and serve a notice of appeal in terms of the same Rules. The respondents oppose the…

ASSISTANT INSPECTOR MBWEMBWE D. O53020E (2) CONSTABLE BANDA D. 076625M (3) CONSTABLE MLAMBO D. 72064E (4) SERGEANT SITHOLE 046373V v (1) THE TRIAL OFFICER (CHIEF SUPERINTENDENT MKANDLA) (2) THE COMMISSIONER GENERAL OF POLICE

Supreme Court · SC 71-19 · 09 2019

The appellants are all members of the Zimbabwe Republic Police. They were discharged from the Police Force following disciplinary proceedings in terms of the Police Act [Chapter 11:10]. The facts leading to their dismissal from the police force are by…

ADRIAN PAUL HOYLAND READ v (1) JOHN STEWART MATHEWS GARDINER (2) SAFARI HUNTERS (PRIVATE) LIMITED

Supreme Court · SC 70-19 · 09 2019

This is an appeal against the judgment of the High Court dismissing, with costs on a legal practitioner and client scale, an application for condonation of the failure to apply for the rescission of a default judgment granted in Case…

EVISON ZUZE v (1) THE TRUSTEES OF BONGAYI RUSHWORTH MLAMBO (2) JEALOUS MARIMUDZA

Supreme Court · SC 69-19 · 09 2019

This is an appeal against the judgement of the High Court dismissing an application for the rescission of a default judgment granted in favour of the first respondent against the second respondent in Case No. HC 9554/16. The application was…

MUNCHVILLE INVESTMENTS (PRIVATE) LIMITED T/A BERNSTEIN CLOTHING v CHIEDZA MUGAVHA

Supreme Court · SC 62-19 · 09 2019

This is an appeal against the judgment of the Labour Court dismissing an appeal against an arbitrator’s award. The arbitrator, having found the respondent’s initial purported dismissal and every measure taken by the appellant thereafter to have been unlawful, ordered…

THE STATE vs STEWART GANDA

Masvingo High Court · HMA 40-19 · 09 2019

This matter mirrors what has gone wrong in our society. It is taboo in our culture for a child to lay a hand on his or her parents. The accused’s conduct in this matter does not only fall foul of…

LIBERTY MUCHENA Versus THE POLICE SERVICE COMMISSION And COMMISSIONER GENERAL OF POLICE

Bulawayo High Court · HB 138-19 · 09 2019

Applicant seeks by way of a declaratur the following relief: “1. The dismissal of applicant from the Zimbabwe Republic Police on the 9th of December 2013 be and is hereby declared unlawful.” The facts The applicant was a constable in…

BRIGHTON NGWENYAMA vs THE STATE

Masvingo High Court · HMA 39-19 · 09 2019

The applicant is one of three accused who were found guilty of contravening section 45(1)(b) of the Parks and Wildlife Act [Chapter 20:14] (possession of a live specially protected animal). The trial Magistrate sentenced the applicant along with his co-accused…

PATRICK ZHARARE Versus BONELE SENGWAYO And MESSENGER OF COURT BULAWAYO And DENMORE TATIRE And NOKELS SECURITY COMPANY

Bulawayo High Court · HB 130-19 · 09 2019

Applicant, a self acto,r filed this application titled ‘Urgent chamber application for suspension of eviction and restoration of the application’. He sought in the interim the following relief: “1. That the Respondents jointly and severally, the one acting the other…

1893 MTHWAKAZI RESTORATION MOVEMENT TRUST And NOMALANGA DABENGWA Versus TINASHE KAMBARAMI And CITY OF BULAWAYO And ZIMBABWE ELECTORAL COMMISSION AND MOVEMENT FOR DEMOCRATIC CHANGE ALLIANCE

Bulawayo High Court · HB 128-19 · 08 2019

The applicants herein filed a court application and sought the following relief, that; (a) It be declared that the election of 1st respondent as councilor for ward 3 in Bulawayo was in contravention of section 119 (2) (e) of the…

SIJABULILE SIBANDA Versus THE STATE

Bulawayo High Court · HB 131-19 · 08 2019

The applicant appeared before a Regional Magistrate at Bulawayo on the 15th of February 2019 on a charge of public violence in contravention of section 36(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), in the alternative theft…

SELESTINOS GWENHURE Versus FRANCISCA GWENHURE and MASTER OF THE HIGH COURT (NO)

Bulawayo High Court · HB 132-19 · 08 2019

This is an application for the variation of an order for custody in respect of three minor children. On the 10th of March 2016 this court granted the parties an order for a decree of divorce and other ancillary relief.…

BIG VALLEY MASTERS (PVT) LTD Versus ESTATE LATE AYILANDE SAKALA And MINISTER OF MINES AND MINING DEVELOPMENT (NO) And OFFICER COMMANDING Z.R.P. MIDLANDS PROVINCE (NO)

Bulawayo High Court · HB 133-19 · 08 2019

This is an urgent chamber application for an interdict. The relief sought by the applicant is couched in the following terms: “Interim relief sought (a) That the 1st respondent, his assignees or employees be and are hereby interdicted from carrying…

JULIET MTETWA And EPHRAIM MTETWA Versus BENBERT INVESTMENTS (PVT) LTD

Bulawayo High Court · HB 134-19 · 08 2019

This is an application for rescission of judgment in terms of Order 49 Rule 449 (a) of the High Court Rules, 1971. The application is opposed by the respondent who contends that the application is entirely devoid of any merit.…

BERRINGTON ZVANYANYA and SAMUEL JINJIKA and NYARARAI DEMBO and MADHUVURA EMMANUEL and MADZURO STIRIKI and LOVEMORE MUTEURWA and VENGAI MASUNGWINI and NGONIDZASHE MABINA MUDAMBANUKI and JOE GASVA and MASACHA TAPIWA versus ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and GODFREY KATERERE and BRAWL CHIKANDIWA and TAVANGA VANDIRAI and LUCIA CHIRILELE and NOKHUTULA DUBE and TONGAAT HULETT LTD t/a TRIANGLE LTD or HIPPO VALLEY ESTATES LTD

Masvingo High Court · HMA 38-19 · 08 2019

Applicants 1 to 10 are one faction of a trade union. Respondents 2 to 6 are the other. The trade union is the first respondent. The seventh respondent is the undertaking or industry in which the trade union is established.…

THE STATE Versus ZVIDZAI DINGANI

Bulawayo High Court · HB 125-19 · 08 2019

This matter was placed before me by the Registrar on automatic review. The accused, a 29 year old single mother of 3 minor children appeared before a Magistrate at Western Commonage facing a charge of contravening section 7(1) of the…