CHENGETAI MAPUKA versus THE STATE

Harare High Court · HH 684-18 · 10 2018

The appellant was convicted of contravening s 65 as read with s 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 5 years imprisonment of which 1 year was suspended on condition of good behaviour.

MUNYARADZI KUVHENGUHWA versus THE ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 675-18 · 10 2018

The applicant is employed by the respondent as a Revenue Officer stationed at Masvingo. Consequently, the applicant is bound by the respondent’s Registered Code of Conduct i.e. the Zimbabwe Revenue Authority Employment Code of Conduct and Grievances Procedure (the Code…

MAXWELL MATSVIMBO SIBANDA versus SCANLEN & HOLDERNESS and EVANS TALENT MOYO and K MUSIMWA MUSIMWA & ASSOCIATES

Harare High Court · HH 673-18 · 10 2018

This matter is a prime example of why litigants should seek legal advice and instruct legal practitioners to represent them in order to better articulate their claims in accordance with the relevant principles of law. As I shall show, this…

1. HOTHFIELD ENTERPRISES (PVT) LTD HC 12773/16 versus MATEBELELAND ENGINEERING (PVT) LTD 2.TONY RENATO SARPO HC 12792/16 versus MATEBELELAND ENGINEERING (PVT) LTD 3. TONY RENATO SARPO HC 12790/16 versus YAGDEN ENGINEERING (PVT) LIMITED

Harare High Court · HH 670-18 · 10 2018

These three matters were consolidated at the Pre-trial Conference stage. Because all three raised similar issues, largely involved the same parties and called for evidence from the same witnesses the consolidation for the purposes of a single trial was clearly…

MARGRET CHIWIMBISO MWAMUKA N.O (in her capacity as executrix dative Estate late VN Mwamuka) versus JULIE PANAGIOTA MERCURI N.O (in her capacity as executrix dative estate late E E Mercuri) and MASTER OF THE HIGH COURT N.O

Harare High Court · HH 663-18 · 10 2018

The plaintiff and the first defendant are both widows as they lost their husbands in tragedy circumstances at different times. The plaintiff’s husband, Vernon Nathaniel Mwamuka died in a road traffic accident on 30 December 2001 whilst the first defendant’s…

FUSS DIAMONDS (PRIVATE) LIMITED (IN LIQUIDATION) versus MARANGE RESOURCES (PRIVATE) LIMITED and ZIMBABWE CONSOLIDATED DIAMOND COMPANY (PRIVATE) LIMITED

Harare High Court · HH 659-18 · 10 2018

This is a claim against the defendants, jointly and severally, the one paying and the other being absolved, for payment of an amount of USD1 242 778 plus 5% per annum on the said amount calculated from 1 January 2015…

BLESSING KWAIRA versus THE STATE

Harare High Court · HH 651-18 · 10 2018

The appellant was convicted after a trial of contravening section 113 (2) (d) of the Criminal Law Codification and Reform Act [Chapter 9:23) and sentenced to 12 months imprisonment of which 6 months were suspended on condition of good behavior.…

ANGELINA SIMANGELE ZACHARIAH versus SHUPIKAI VITO and TINASHE CHAVI and SHERIFF OF ZIMBABWE

Harare High Court · HH 807-18 · 10 2018

This is an urgent chamber application for an order staying the processing or finalization or confirmation of the sale of an immovable property known as Stand No. 567 Eagles Place, Borrowdale Broke, Harare. The property was sold to the second…

THE STATE versus RANGANAI TOPOTSA

Harare High Court · HH 683-18 · 10 2018

The decision on the above application has delayed because despite the application having been filed on 24 August, 2018, the record attached to it was in shambles. The State responded to the application on 28 August, 2018. I am not…

ELIZABETH MANHENGA versus ANDREW WHINYA

Harare High Court · HH 682-18 · 10 2018

The applicant Elizabeth Manhenga approached this court seeking dismissal of case number HC3420/17 for want of prosecution in terms of r 236 (4). The application she wants dismissed is an application for condonation of late noting of an appeal duly…

MISHECK MUBVUMBI v CITY OF HARARE

Supreme Court · SC 64-2018 · 10 2018

This is an appeal against the entire judgment of the Labour Court handed down on 13 November 2015. In that judgment, the court a quo dismissed an application for review, brought by the appellant against the decision by the respondent…

THE STATE VS PETROS NHIDZA

Masvingo High Court · HMA 49-18 · 10 2018

The facts in this case are largely common cause. The accused is facing a charge of murder as defined in S 47 (1) of the Criminal Law Codification and Reform Act [Cap 9:23]

PIONEER TRANSPORT v DOUGLAS MAFIKENI

Supreme Court · SC 65-2018 · 10 2018

This is an appeal against a judgment of the Labour Court wherein the decision to dismiss the appellant from employment that had been made by the appellant’s Managing Director was set aside whilst an earlier decision by the disciplinary committee…

STATE versus J ZHANOTA

Harare High Court · HH 681-18 · 10 2018

This matter was placed before me for review as far back as May 2018. Initially I had a problem in reading the trial magistrate’s hand writing and I requested that the record be transcribed. That was done in July 2018.

STATE versus NOEL TSWIPA

Harare High Court · HH 669-18 · 10 2018

The accused who was charged with the murder of his father whom he killed with an axe on 9th May 2012, tendered a special plea of not guilty by reason of insanity. The agreed facts as per exhibit one were…

SAMUEL MISI versus COMMISSIONER GENERAL OF POLICE (N.O) and POLICE SERVICE COMMISSION

Harare High Court · HH 667-18 · 10 2018

This is an application for condonation of late noting of an appeal and extension of time to note an appeal. The applicant is a former member of the Zimbabwe Republic Police. He was a constable. Following allegations of misconduct, he…

CHIVERO QUARRIES (PVT) LTD versus VELOCITY MOTORS (PVT) LTD

Harare High Court · HH 666-18 · 10 2018

This judgment is in respect of two matters HC 901/18 and HC 4290/18. In HC 901/18 the applicant “Chivero” seeks the eviction of the respondent “Velocity” from a quarry site known as Hunyani 159 Idaho Farm ‘the claim’. In HC…

THE STATE VS SOSANA GONDO

Masvingo High Court · HMA 50-18 · 10 2018

Without sounding patronising and or chauvinistic women are generally known for their motherly love, care and nurturing life. They are not known for brutally taking away life. Unfortunately this case proves otherwise. The 29-year-old mother of the three minor children…

THE STATE versus DENNIS SACHAKAZA

High Court of Mutare · HMT 17-18 · 10 2018

In this case precious human life was unnecessarily lost in circumstances were it would have been avoided. The right to religion as provided for in our Constitution was irresponsibly exercised to the detriment of the fundamental right to life. What…

VINCENT TENDAYI v TWENTY THIRD CENTURY SYSTEMS (PRIVATE) LIMITED

Supreme Court · SC 135-20 · 10 2018

This appeal is against part of the judgment of the High Court upholding a plea of prescription. After perusing the documents filed of record in this matter, it was the unanimous view of the court that the appeal had merit.