ABIATHER MUJEYI versus AFRASIA BANK ZIMBABWE and COLBRO TRANSPORT PRIVATE LIMITED and THE SHERIFF OF ZIMBABWE and REALGATE PROPERTIES

Harare High Court · HH-596-18 · 10 2018

The applicant approached this court seeking an order for the setting aside of a sale in execution in terms of Order 40 r 359. The background to the matter is that the first respondent obtained a court order against the…

THE SHERIFF FOR ZIMBABWE APPLICANT versus CLARA MAPOSA KANENGONI CLAIMANT and ISRAEL NYANDORO JUDGMENT CREDITOR

Harare High Court · HH-594-18 · 10 2018

On 24 June, 2016, the applicant attached movable property in execution of a writ in the case of Israel Nyandoro v George Ngonidzashe and FuturePetroleum (Pvt) Ltd HC 4711/10. The property attached was listed as follows: (a) 2 x Generators…

THE SHERIFF FOR ZIMBABWE versus NGAAVONGWE RECORDS PRIVATE LIMITED and DAVISON NOKO and NELLIA GWETSURO and WARREN KAROMBE

Harare High Court · HH-592-18 · 10 2018

: On 20 April, 2016, the three judgment creditors registered an arbitral award given Mr Dangarembizi on 18 February, 2016 for $3 405.36, as an order of the court in HC 2709/16. Respondent was Gramma records. It was in default.…

CAINOS CHINGOMBE and TENDAI KWENDA versus CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and HOSEA CHISANGO N.O. and GEORGE MAKINGS N.O. and CHENAI GUMIRO N.O.

Harare High Court · HH-591-18 · 10 2018

Of course the first and third respondents took a point in limine challenging the jurisdiction of this court to determine this matter on the ground that it is purely a labour dispute to which the Labour Court enjoys exclusive jurisdiction…

CHRISTINE TSITSI CHIZANA versus SHEPHERD KEMBO and PETER MITAWA SAOPE

Harare High Court · HH-590-18 · 10 2018

The background facts she gave were that in January 2013 she together with the first and second respondents entered into a verbal agreement wherein they agreed to obtain a loan facility for $15 000 from the Agricultural Bankof Zimbabwe. She…

WEBSTER MUDUWA and AMOS MATANHIRE and CALISTO RUZANI and WESTON NYAWASHA and GERRY CHIKOROONDO and CHRISTOPHER GODINI and OBERT RUKWANHA and HAMUNYARI MUKUZE and JACOB SANYAMANDWE and THOMAS MUNDONDO versus THE TRUSTEES OF THE HARARE HOME INDUSTRY ASSOCIATION TRUST

Harare High Court · HH-588-18 · 10 2018

There was drama in this case. At the hearing of the matter Mr A Mugiya who appeared on behalf of the applicants applied that this matter be deferred to some other date in the future to enable him to attach…

ROBIN CHARLES BALCH versus WINCOURT (PRIVATE) LIMITED and ANDREW MACHIHA And SWERMA MACHIHA And BARCLAYS BANK OF ZIMBABWE LIMITED and THE REGISTRAR OF DEEDS N.O

Harare High Court · HH-587-18 · 10 2018

The applicant was a co-director and shareholder of the first respondent, an investment vehicle through which a property known as stand 226 Sinoia Township situated in the district of Lomagundi, also known as 4 Windsor Court, Greenwood Terrace, Mzari in…

STANLEY MUNGOFA versus CITY OF HARARE and REGISTRAR OF DEEDS N.O

Harare High Court · HH-584-18 · 10 2018

It cannot be a proper exercise of the court’s discretion to allow a plaintiff to reopen his case, and to amend his summons and declaration where such efforts are designed to ward off an application for absolution at the close…

FREMIUS ENTERPRISES (PRIVATE) LIMITED versus ZIMBABWE NATIONAL ROAD ADMINISTRATION

Harare High Court · HH-583-18 · 10 2018

This is an application for absolution from the instance. The test is simply whether at the close of the plaintiff’s case, there is evidence upon which a reasonable court might find for the plaintiff. The test is not whether the…

FLATTER BANDA versus THE COMMISSIONER GENERAL OF POLICE and THE BOARD PRESIDENT CHIEF SUPERINTENDENT NYAUMWE

Harare High Court · HH-582-18 · 10 2018

This is a court application for review of proceedings conducted by the second respondent at Southerton District Headquarters on the 3rd of January 2018. The basis of the application is that the proceedings were irregular and the respondent failed to…

FARAI RWODZI and CHRISTOPHER SAMBAZA versus DEPOSIT PROTECTION CORPORATION In its Capacity as the Liquidator of INTERFIN BANK Limited (under Liquidation) and TIMOTH NATHAN CHIGANZE and JEREMIAH JUSTIN TSODZAI and RAYMOND NJANIKE and EMMANUEL CHENJERAI TAGARIRA and DAVID MBIZA and JAMES SHUMBANHETE and PELAGIA KAFESU and DR TEDDY GODFREY ZENGENI and MAXWELL REVAI and TENDAI PHINEAS CHIMURIWO and NOMSA HAZEL NCUBE

Harare High Court · HH-580-18 · 10 2018

The two applicants lodged this application to compel the first respondent to supply the applicants with further and better particulars to enable the applicants to plead to some of the first respondent’s particulars of claim. The second to the twelfth…

KADOMA CITY COUNCIL versus PETER MORRIS (NO) and BERNARD MUSARURWA (NO) and ALAN YOUNG and ALOE ENTERPRISES (PVT) LTD

Harare High Court · HH-578-18 · 10 2018

Applicant made an application to this honourable court in terms of article 34 (2) (b) (ii) of the Model Law on International Commercial Arbitration – 1985 as amended and as incorporated in terms of the Arbitration Act [Chapter 7:15]. The…

CONSTABLE KAISI 065030J versus THE BOARD PRESIDENT (CHIEF SUPERITENDENT NDLOVU N) and THE COMMISSIONER GENERAL OF POLICE

Harare High Court · HH 657-18 · 10 2018

On 2 October 2018 I heard this matter and dismissed it with costs. I have been asked for the written reasons and these are they.

TENDAI CHINYANI and TERRANCE DICK and FRANK MUPFEKI and ANDREW MUFANEBADZA and SANDE CHINOMONA and RARIRO CHIDAVAENZI and SIMBARASHE NYENZA and REGISTRAR OF COMPANIES versus NOMSA PATIENCE HOVE and GIFT KANOSVAMHIRA and KNOWLEDGE MUNETSI and SIDE ELECTRICAL (PVT) LTD

Harare High Court · HH 822-18 · 09 2018

This is an opposed application for the setting aside of the judgment given in default of the applicants in case no. HC 6787/17. The judgment was granted on 23 August 2017. The applicants in an affidavit deposed to by the…

GEORGE PEDZISAI FICHANI versus DULLY HUNI and WELLINGTON MASEKO and PROVINCIAL MINING DIRECTOR and OFFICER COMMANDING BORDER CONTROL AND MINERALS UNIT and MUMS GOLD (PVT) LTD

Harare High Court · HH-586-18 · 09 2018

This is a matter in which the applicant filed an application on urgency seeking the following relief in the form of a provisional order: “TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final…

WARDLOVE MUPARAGANDA v COMMERCIAL WORKERS UNION OF ZIMBABWE

Supreme Court · SC 55-2018 · 09 2018

The appellant was employed by the respondent as a Senior Organising Secretary with effect from 19 January to November 2009. On 12 October 2009 the respondent suspended him without pay following allegations of misconduct.

CITY OF GWERU v RICHARD MASINIRE

Supreme Court · SC 56-2018 · 09 2018

This is an appeal against the judgment of the Labour Court which upheld the respondent’s appeal against dismissal from employment in terms of the Labour (National Employment Code of Conduct) Regulations S.I.15 of 2006. The court a quo upheld the…

MOORE CHAKWANA versus THE STATE

Harare High Court · HH 794-18 · 09 2018

The applicant has through the Registrar requested for written reasons for dismissing his application for bail pending appeal. I dismissed his application on 26 September 2018. In my brief reasons for dismissing the application I endorsed as follows on the…

HOUSING CORPORATION OF ZIMBABWE (PRIVATE) LIMITED versus ZIMNAT LION INSURANCE COMPANY (PRIVATE) LIMITED and NATIONAL SOCIAL SECURITY AUTHORITY

Harare High Court · HH-579-18 · 09 2018

This is an application for a prohibitory interdict against the respondents. The salient facts of the matter are that the applicant entered into a written housing off-take agreement (the contract) with the second respondent, National Social Security Authority (NSSA) on…

ACE AGRITRADE SOLUTIONS (PRIVATE) LIMITED T/A AGRITRADE LEAF TOBACCO and CEPHAS RUKWEZA and TAPIWA JECHECHE and TOBACCO INDUSTRY MARKETING BOARD (TIMB) And THE MINISTER OF LANDS, AGRICULTURE, WATER CLIMATE AND RURAL RESETTLEMENT, N.O and ATTORNEY GENERAL OF ZIMBABWE, N.O

Harare High Court · HH-577-18 · 09 2018

This is an urgent chamber application for an interdict for stay of a disciplinary hearing before the first respondent pending an appeal which is before the second respondent. The background to the application is as follows. On 7 August 2018…