VICTOR KATULI versus MILGREE INVESTMENTS and SHERIFF OF ZIMBABWE

Harare High Court · HH 795-18 · 11 2018

on 18th September 2018, I presided over an ex-parte urgent chamber application for stay of execution pending rescission of judgment at the conclusion of which I rendered an ex –tempore judgment dismissing the application. The applicant having appealed these are…

LYTTON INVESTMENTS (PVT) LTD versus STANDARD CHARTERED BANK (ZIMBABWE

Harare High Court · HH 793-18 · 11 2018

The plaintiff claims that the defendant breached terms of a loan agreement entered into between the parties by failing to advance to the plaintiff the loan amount agreed to. It asserts that its failure to secure the agreed loan resulted…

MIKANDO INVESTMENTS (PVT) LTD versus BLACKDAWN INVESTMENTS (PVT) LTD

Harare High Court · HH 792-18 · 11 2018

After hearing argument from counsel I upheld the special plea, stayed these proceedings and referred the parties to arbitration. These are my reasons for the judgment. The plaintiff, on the basis of a cancelled written agreement which had been entered…

DELTA BEVERAGES PRIVATE LIMITED versus SACHIES PRIVATE LIMITED and PHOEBE MANYAYA t/a SACHIES WHOLESALE and CHARITY SACHIKONYE HIGH COURT OF ZIMBABWE MUZENDA J HARARE, 29 October 2018 & 28 November 2018

Harare High Court · HH 789-18 · 11 2018

Delta Beverages Private Limited (plaintiff) sued all the three defendants claiming the sum of US$33 876.72 being the amount due and owing by the defendants to the plaintiff in respect of the balance of the costs of goods namely beverages…

KENIAS MAFUKIDZE and RAY TSVAKWI and LEONARD CHITEKA and TWINWART INVESTMENTS LIMITED versus MASAISAI TRUST and REUBEN GWATIDZI N.O and DENNIS SIBANDA N.O and CHIKOMBORERO MUSIMWA N.O and NETTY MUSANHU N.O and THE HEADMASTER – MASAISAI TRUST N.O and THE MASTER OF THE HIGH COURT

Harare High Court · HH 788-18 · 11 2018

The first respondent, Masaisai Trust (the Trust) was born on the 8th March 1999 and it established itself at Corner Lorraine Drive & Neil’s Way Bluffhill Westgate, Harare. Kenias Mafukidze (1st applicant), Anna Brazier, Reuben Gwatidzo (2nd respondent), Charles Howat…

WONDER MUNSAKA v THE STATE

Supreme Court · SC 79-2018 · 11 2018

This is an appeal against the judgment of the High Court sitting at Hwange dated 9 November 2017. It is common cause that the appellant was arraigned before the court a quo and charged with murder. It was alledged that…

SIMON CHINGANGA versus TAPSON MADZIVIRE and MUNASHE SHAVA

Harare High Court · HH 791-18 · 11 2018

On 10 November 2018, I made an endorsement that this matter is not urgent. On 15 November 2018, the applicant’s legal practitioners wrote a letter through the Registrar requesting for audience on the issue of urgency. I caused the matter…

FRONT COMM INVESTMENTS (PRIVATE) and MEGALINK INVESTMENTS (PRIVATE) LIMITED versus SHOWMAN TOURS AND LEISURE SERVICES (PRIVATE) LIMITED

Harare High Court · HH 790-18 · 11 2018

Contracts are wealth-creating vehicles for corporations, partnerships and business-minded persons. Where their terms are clear and unambiguous, such must be given effect to. The parties must adhere to the same. That is so as contracts are different from social agreements.…

TEMBA MLISWA versus SHERIFF OF THE HIGH COURT OF ZIMBABWE and MAPARAHWE PROPERTIES (PVT) LTD and NORTON TOWN COUNCIL

Harare High Court · HH 787-18 · 11 2018

On 1 November 2018 the applicant’s three motor vehicles, a Mercedes Benz AEK 1985, a Mazda T3500 ABG 8923 and a Vintage Dodge ACB 8557 were attached by the first respondent, the Sheriff and were due to be removed on…

TINASHE M. ZENDA HUNGWE versus VERONICA DURO and KUSHINGA NEDI and TARIRO NEDI and REBECCA RUSERE and MONICA MUDAVANHU

Harare High Court · HH 786-18 · 11 2018

On 20 February 2014, the plaintiff issued summons against the defendants for malicious prosecution. He claimed $14 000 for loss of earnings $25 000 for legal costs and $100 000 for contumelia. The defendants were duly served with the application…

MEGA MARKET (PRIVATE) LIMITED versus ZIKRAG INVESTMENTS (PRIVATE) LIMITED and ZIMSIDE LOGISTICS (PRIVATE) LIMITED and ELLIOT MATANGA and CHARLES MATHE

Harare High Court · HH 75-85-18 · 11 2018

MUZOFA J: The plaintiff’s claim is for damages in the sum of $35 442.00 for loss of goods and $140-00 for costs incurred in the recovery of goods. The plaintiff is in the business of distribution of fast moving goods.…

PATRICIA SINGIZI and SAMUEL SINGIZI versus PARIRENYATWA GROUP OF HOSPITAL and MINISTRY OF HEALTH AND CHILD WELFARE and EDWIN MUGUTI and MEDICAL AND DENTAL PRACTITIONERS COUNCIL OF ZIMBABWE

Harare High Court · HH 784-18 · 11 2018

On 14 September 2016 the plaintiffs issued summons against the defendants jointly and severally the one paying the others to be absolved for the payment of a) US$40 750.00 and R328 900 for damages and losses suffered by the plaintiffs…

THE STATE versus NEVER NYAMUNDOMA

Harare High Court · HH 808-18 · 11 2018

The accused, who was the deceased’s husband faced a charge of her murder. The accused’s wife went to fetch water from the well and never returned. She had instead been found strangled to death a few hours later that day.…

THE STATE VS JAMESON MBUSE

Masvingo High Court · HMA 56-18 · 11 2018

This is another matter which this court is seized with in which a life was lost after both accused and the now deceased had partaken a popular but lethal brew in this part of the country called traditional marula beer…

SKYVIEW INVESTMENTS (PRIVATE) LIMITED versus T. MUSARARA and J. MUCHADA

Harare High Court · HH 783-18 · 11 2018

This application was initially set down for 18 June, 2018. It was postponed to 2 July, 2018 at the instance of the applicant. I heard the application on the mentioned date. I delivered an ex tempore judgment in which I…

RAY CHUDY N.O versus YATCH (PRIVATE) LIMITED

Harare High Court · HH 780-18 · 11 2018

This is one case where both parties did not seriously consider presenting their evidence in a clear and logical manner. The duty for coherence in the presentation of pleadings and evidence before the court lies with the parties. The court…

EDDIES PFUGARI PRIVATE LIMITED versus ZVIMBA RURAL DISTRICT COUNCIL

Harare High Court · HH 779-18 · 11 2018

It is not in dispute that applicant owns a piece of land in Whitecliff which land falls under the jurisdiction of the respondent as the local authority. In 1998 applicant was issued with a permit in terms of the Regional,…

CHIFARAI SARAH MASIKE versus MASTER OF THE HIGH COURT N.O and EXECUTOR OF ESTATE LATE STANISLAS MASIKE N.O. and STANISLAS MASIKE and TANYARADZWA C. MASIKE

Harare High Court · HH 775-18 · 11 2018

Aggrieved by the decision of the Master directing the Executor of the Estate of the late Stanislas Masike to amend the Amended First and Final Distribution Account and to distribute the surplus cash from the sale of the matrimonial home…

THE AUTISIM ORGANISATION OF ZIMBABWE versus MARTIN C GROBLER and MINISTRY OF LANDS AND RURAL RESETTLEMENT

Harare High Court · HH 767-18 · 11 2018

I heard this application on 11 June, 2018. I delivered an ex-tempore judgment in favour of the applicant. On 19 September, 2018 the registrar of this court wrote advising that the first respondent appealed my decision. He requested for my…

LOBELS HOLDINGS (PVT) LTD v DAVID CHIWEZA

Supreme Court · SC 75-2018 · 11 2018

On 1 September 2010 the respondent was employed as the resident director of the appellant in terms of an executive employment agreement. In terms of the contract the respondent, as representative of the Board of Directors, was responsible for the…