ALPHONSUS ABIOMA ACHINULO Versus W. MAPHIOS MOYO N.O. And

Bulawayo High Court · HB 127-19 · 08 2019

On 17 February 2017, with the consent of the parties who appeared before me I gave an order by consent of both parties which set aside the decision of the court a quo sitting at Gwanda, wherein the learned magistrate…

THOUSAND SADZIWANI Versus (1) NATPAK (PRIVATE) LIMITED (2) THE ATTORNEY-GENERAL (3) NATIONAL FOODS LIMITED

Constitutional Court of Zimbabwe · CCZ- 15-2019 · 08 2019

This is a chamber application for an order for leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r…

GARIKAI KAMANGA Versus PRINCE EDWARD SCHOOL – SDA

Constitutional Court of Zimbabwe · CCZ -14-2019 · 08 2019

This is a chamber application for an order for leave for direct access to the Constitutional Court (“the Court”), made in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with…

VENGESAI CHIRASHA v (1) NATIONAL FOODS LIMITED (2) ANTI-CORRUPTION COMMISSION (3) JUDICIAL SERVICE COMMISSION

Constitutional Court of Zimbabwe · CCZ- 13-2019 · 08 2019

This is a chamber application in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013) (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules SI 21/2016 (“the Rules”), for an order for…

REMIGIO MAVATA Versus GEORGE PEDZISAYI FICHANI FAMILY TRUST And GEORGE PEDZISAYI FICHANI

Bulawayo High Court · HB 118-19 · 08 2019

This is a dispute involving the sale of mining claims. Plaintiff believed that he was entering into a very good deal with the 1st defendant being represented by the 2nd defendant. In actual fact, it turned out to be a…

PROVIDENCE AYANDA LUPHAHLA And PRUDENCE MOYO Versus THE HEADMASTER – MARANATHA HIGH SCHOOL N.O And THE HEADMASTER – IHLATHI HIGH SCHOOL N.O And MINISTER OF PRIMARY & SECONDARY EDUCATION N.O

Bulawayo High Court · HB 120-19 · 08 2019

The application for a declaratory order in terms of s85 (1) of the Constitution was placed before me on the unopposed roll, the respondents not having filed opposition. Although the 1st respondent had also not filed opposition to the 1st…

REJORIE MATSIELA Versus THE STATE

Bulawayo High Court · HB 121-19 · 08 2019

The applicant is a South African national ordinarily resident in the Republic of South Africa. He is facing charges of theft as defined in section 113 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The allegations are…

(1) EVA ZULU (NEE NKOMO) HC 585/19 And RHODA NKOMO And ESNATH NKOMO Versus MARGARET NKOMO (NEE TSHUMA) And FARLEY FUNERAL SERVICES (PVT) LTD (2) MARGARET NKOMO HC 819/19 And FARLEY FUNERAL SERVICES (PVT) LTD Versus EVA ZULU (NEE NKOMO) And RHODA NKOMO And ESNATH NKOMO

Bulawayo High Court · HB 124-19 · 08 2019

These two court applications were filed by the same parties over the same dispute. Later, the respondents under HC 585/19 filed an application under HC 1682/19 for the matter to be consolidated and enrolled as contested matters at the end…

JUNIOR JONGWE versus TONDERAI MUYAMBI and TAFADZWA MUYAMBI and CITY OF KWEKWE

Masvingo High Court · HMA 37-19 · 08 2019

This was a civil appeal. It was from a decision of the magistrate’s court at Kwekwe, Midlands Province. We dismissed it for lack of merit soon after argument and gave reasons ex tempore. This now is our detailed judgment.

NOREST CHIGWADA versus THE STATE

High Court of Mutare · HMT 59-19 · 08 2019

On 19 July 2019, applicant applied for bail pending appeal seeking the following relief: “IT IS ORDERED THAT: 1. The bail pending appeal be and is hereby granted on the following conditions:- (i) Applicant deposits cash in the sum of…

POLITE ZIMUNYA versus THE STATE

High Court of Mutare · HMT 61-19 · 08 2019

The applicant was arrested and arraigned before the magistrate court on a charge of rape. He was detained in custody and has approached this court seeking for bail pending trial.

LAWRENCE ZINHUMWE versus THE STATE

High Court of Mutare · HMT 62-19 · 08 2019

Irked by the conviction and sentence imposed by the court a quo the appellant approached this court on appeal. The appellant was convicted of indecent assault as defined in s 67 (1) (a) of the Criminal Law (Codification and Reform)…

DELANT CHASAYA versus MARK E. DZOBO

High Court of Mutare · HMT 63-19 · 08 2019

On 16 May 2019 the appellant noted an appeal against the whole judgment of the Magistrate’s Court handed down on 23 April 2019 at Mutare laying out the grounds of appeal as well as relief sought as follows: “A. GROUNDS…

THE STATE Versus NHLANHLA MLALAZI

Bulawayo High Court · HB 171-19 · 08 2019

The deceased was 46 years old when he was caused to meet his maker. On 20 September 2016 in the dead of night, he was asleep with his wife Dorothy Nduna and a female employee, Sibonokuhle Nyoni at his Tuck…

JOB SIKHALA vs THE STATE

Masvingo High Court · HMA 36-19 · 08 2019

Applicant filed a bail application on 11 July 2019. The State filed its response on 12 July, 2019 opposing the application. I heard the matter on 15 July 2019. The State requested to be heard first averring that it had…

THE STATE versus ZAPHANIA MUYAMBO

High Court of Mutare · HMT 64-19 · 07 2019

The accused in this case pleaded not guilty to a charge of murder proffered by the State. It is alleged that on 14 October 2018 at Muyambo Homestead, Ukoto Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of…

ANDREW WILLIAM TASHANDUKA BERE and THE REGISTRAR GENERAL and THE CHIEF IMMIGRATION OFFICER vs MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE

Masvingo High Court · HMA 35-19 · 07 2019

The applicant seeks relief couched as follows: - “1. It is declared that Andrew William Tashanduka Bere is a citizen of Zimbabwe by birth with entitlement to dual citizenship. 2. 1st respondent is directed to issue the applicant with a…

THE STATE vs STANLEY DUBE

Masvingo High Court · HMA 34-19 · 07 2019

This matter is a cocktail of legal disaster to put it mildly. It is clearly a matter which was poorly investigated, ineptly prosecuted and defended and finally thoroughly bungled by the trial Magistrate. Even Mr Zvekare for the National Prosecuting…

TATENDA MHANGO and BRIGHTON NGWENYAMA and KUDZAI RUVANGU SHAVA vs THE STATE

Masvingo High Court · HMA 33-19 · 07 2019

: The three appellants were convicted and sentenced by the Provincial Magistrate sitting at Masvingo on 10 April 2018. They were charged and convicted jointly for contravening section 45(1)(b) of the Parks and Wild Life Act [Cap 20:14] as read…

TAPIWA MANTIZIBA vs THE STATE

Masvingo High Court · HMA 32-19 · 07 2019

At the hearing of the appeal the appellant withdrew the appeal in respect of conviction and indicated that the appeal was now in respect of the sentence only. Indeed, the appellant’s Damascean moment is well found as the evidence against…