ILASHA MINING (PRIVATE) LIMITED v YATAKALA TRADING (PRIVATE) LIMITED t/a VIKING HARDWARE DISTRIBUTORS

Supreme Court · SC 61-2018 · 10 2018

This is an application for reinstatement of the appellant’s appeal deemed dismissed in terms of r 44 (1) of the Supreme Court Rules 1964 for failure to file heads of argument on time.

TENDAYI MASIKE versus PETERHOUSE SCHOOL

Harare High Court · HH-645-18 · 10 2018

Applicant seeks condonation for the late filing of an application for rescission of judgment entered against him in default by this court on 22 September 2017. He seeks that order on the following averments. He had left Zimbabwe for the…

THE STATE versus SHINGIRAYI CHINAMONYA

Harare High Court · HH-625-18 · 10 2018

The accused a 48 year old first offender and family man pleaded guilty to a charge of “unlawful possession or use of Dangerous Drugs” as defined in s 157 (1) (a) of the Criminal Law Codification & Reform Act, [Chapter…

THE STATE versus ADMIRE TSIGA

Harare High Court · HH-617-18 · 10 2018

The record of proceedings in this case was placed before me on review in terms of s 57 (1) (a) of the Magistrates Court Act [Chapter 7:10]. The record shows that the accused appeared before the local resident magistrate at…

THE STATE versus OLIVER KAWODZA

Harare High Court · HH-616-18 · 10 2018

The proceedings in this matter were placed before me on automatic review in term of s 57 (1) (a) of the Magistrates Court Act, [Chapter 7:10]. On reading through the record of proceedings I reached the conclusion that the sentence…

THE STATE versus WINSTON SHAYAWABAYA and NGONI TSIGA

Harare High Court · HH-615-18 · 10 2018

The two accused persons were convicted of the offence of “unlawful entry into premises in aggravating circumstances as defined in s 131 (2) (a) (b) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]” by the senior magistrate at…

LOVENESS ACXILLIA GANDA versus CLAUDIUS MASUKU and IGNATIUS PAMIRE and STANLEY MTETWA and THE SHERIFF N.O

Harare High Court · HH-611-18 · 10 2018

The applicant filed an application on urgency against the four respondents under the heading “Urgent Chamber Application for stay of execution pending determination of applicant’s compensation for improvements on the property forming the subject matter of the dispute between the…

THE STATE versus MUNYARADZI MUCHENJERI

Harare High Court · HH-603-18 · 10 2018

: The accused a 45 year old man was charged with the rape of a 16 year old girl as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He denied the charge. After…

TRIAL OFFICER (SUPERINTENDENT MADUNGWE) and THE COMMISSIONER GENERAL OF POLICE versus CONSTABLE MUCHETO 079281Z

Harare High Court · HH-602-18 · 10 2018

This is chamber application by the applicants seeking the dismissal of the court application under case No. HC 8289/16 filed by the respondent against the applicants. The chamber application is brought in terms of r 236 (4) (b) of the…

JOSEPHINE CHIWEDA (Nee CHIGANGA) versus JOHN MASIMBA CHIWEDA

Harare High Court · HH-595-18 · 10 2018

The plaintiff and the defendant were married in terms of the Marriage Act, Chapter, 5:11 on 15 December, 1990, at Mutare Magistrates Court. Their marriage certificate was produced as Exh 1. When summons for divorce were issued in July, 2015,…

THE STATE versus KIZITO MUTSURE

Harare High Court · HH-623-18 · 10 2018

Following the passing of sentence in this case whose judgment is now unreported under case no HH 458/18, the accused’s counsel Mr Rubaya advised the court that he had instructions to make an application for leave to appeal. An application…

THE STATE versus PETER HUCHE

Harare High Court · HH-622-18 · 10 2018

The accused was charged with the offence of physical abuse as defined in section 4 (1) as read with section 3 (1) (a) of the Domestic Violence Act,(Chapter 5:16). The accused pleaded guilty to the charge that on 13 April,…

THE STATE versus KRYONA NYAMURI

Harare High Court · HH-614-18 · 10 2018

The accused was convicted of theft as defined in section 113 (1) (a) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. She was convicted on 7 March 2018 by the magistrate at Bindura. The facts of the matter…

THE STATE versus JOSEPH NYAMVURA

Harare High Court · HH-613-18 · 10 2018

The record of proceedings in this matter has been placed before me on review in terms of s 59 of the Magistrates Court Act [Chapter 7:10]. The accused a 32 years old first offender pleaded guilty to two charges. In…

AMOROSE INVESTMENTS (PRIVATE) LIMITED (under Liquidation) versus NORWICH TRADING (PRIVATE) LIMITED and SPRAYTECH (PRIVATE) LIMITED and THE MASTER OF THE HIGH COURT

Harare High Court · HH-609-18 · 10 2018

This is an urgent chamber application for an interim order that pending determination of the present matter on the return date the first respondent forthwith delivers to the Sheriff all the machinery and equipment listed in the applicant’s papers and…

FARAI MASHONGANYIKA versus JUSTICE GEORGE SMITH (RETIRED) N.O and TRIBAC (PVT) LTD and BRIAN COCKER and ROY MANUEL

Harare High Court · HH-605-18 · 10 2018

This is an application for the setting aside of an Arbitral Award that was handed down by the first respondent which Arbitral Award is dated the 7th of August 2017 and was only availed to the applicant’s legal practitioners on…

PUWAYI CHIUTSI versus THE SHERIFF OF THE HIGH COURT and ELLIOT RODGERS and REGISTRAR OF DEEDS and BARIADIE INVESTMENTS (PVT) LTD ELLIOT RODGERS versus MC DUFF MADEGA N.O. and PUWAYI CHIUTSI

Harare High Court · HH-604-18 · 10 2018

This judgment disposes of 2 applications. HC 11349/17 is an application made by Puwayi Chiutsi (Chiutsi), a legal practitioner and officer of this court and as such occupying a very privileged position in the justice delivery system, for an order…

CHISUNGO CHEMADZIMAI HOUSING COOPERATIVE SOCIETY LIMITED and NORBERT MATORERA versus BRIGHTON CHIBAYA and JOHN CHIBAYA

Harare High Court · HH-599-18 · 10 2018

This is an application made under the mandament van spolie for an order for eviction of the respondents and all those acting under or throughthem from Stand No. 19034 Parkridge, Kuwadzana Township Harare. Further that, an urgent interdict is also…

NATIONAL FOODS LTD versus KNIGHT FRANK (PVT) LTD

Harare High Court · HH-598-18 · 10 2018

The plaintiff claims damages based on the following common cause facts; An entity known as Superbake trading as Trinpac Investments (Pvt) Ltd, [Trinpac] and Medworth Properties (Pvt) Ltd, [Medworth], applied for a credit facility from the plaintiff. Superbake agreed to…

MASHONALAND TOBACCO COMPANY (PVT) LTD versus MAHEM FARMS (PVT) LTD and TIM MAJOR

Harare High Court · HH-597-18 · 10 2018

The plaintiff’s cause of action arises from a contract farming agreement for provision of crop inputs and financial assistance to the defendants in the sum of $ 575 164.68, for the production of flue cured Virginia tobacco.The defendants were required…