GRAIN MARKETING BOARD t/a COUNTRY FEEDS versus HYPERVALUE INVESTMENTS (PVT) LTD and LOICE BARE

Harare High Court · HH-576-18 · 09 2018

On 27 July 2015 the plaintiff and the first defendant entered into a credit facility agreement for the sell and delivery of stock feeds by the plaintiff to the first defendant on credit. The second defendant Loice Bare bound herself…

THE LIQUIDATOR OF AFRASIA BANK ZIMBABWE LIMITED versus ZIMBABWE SCHOOL EXAMINATIONS COUNCIL and CHIEF REGISTRAR OF DEEDS N.O

Harare High Court · HH-575-18 · 09 2018

This matter was placed before me on my opposed roll of matters. The facts are these. In 2014, the first respondent which is the Zimbabwe Board Examinations Council made a series of investments by way of fixed-deposits with the applicant…

JUDITH MUTONGWIZO versus MASTER OF THE HIGH COURT N.O

Harare High Court · HH-573-18 · 09 2018

This chamber application was placed before me curiously titled, “Chamber application for the Master’s Consent in terms of order 32, Rule 249(1) (b). The relief sought was the ‘approval’ for the sale of stand 16834 Ruwa township of Sebastopol measuring…

BITUMEN CONSTRUCTION SERVICES (PVT) LTD versus TINPHIL INVESTMENTS (PVT) LTD T/A SKYVIEW EARTHMOVING (PVT) LTD

Harare High Court · HH-570-18 · 09 2018

Going through the pleadings in this matter was akin to charting through the maze. It is an example of how “not to file pleadings” before carefully considering a matter. The plaintiff issued summons against the defendant on 24 May 2016…

FIROZA MOOSA versus PRORAND ENTERPRISES (PVT) LTD

Harare High Court · HH-561-18 · 09 2018

This is a court application for a declaratur. The relief sought reads: “IT IS ORDERED THAT: 1. The removal of the applicant from being a director of the respondent be and is hereby declared null and void. 2. The CR…

NGUNGUNYANA HOUSING COOPERATIVE SOCIETY LIMITED and LUKE CHESANGO and MORRIS CHIMUTWE and SHEPHERD RUZIVE versus REGISTRAR OF COOPERATIVE SOCIETIES N.O

Harare High Court · HH-560-18 · 09 2018

I have no doubt at all that this application has merit. On the 1st of December 2017 applicants filed a chamber application seeking the following relief; “ IT IS ORDERED THAT: 1. The court application in case number HC 8786/17…

SSSZ MINING SYNDICATE versus TAKAIDZA CHITORO and TAVARAISA MUSARAKUFA and MINISTER OF MINES & MINING DEVELOPMENT and PROVINCIAL MINING DIRECTOR, MIDLANDS PROVINCE N.O. and OFFICER IN CHARGE – CID MINERALS & BORDER CONTROL UNIT, ZVISHAVANE

Masvingo High Court · HMA 46-18 · 09 2018

This was an urgent chamber application heard over two days, two weeks apart. Issues emerged on the first day of hearing that necessitated an investigation and a report by the third and fourth respondents’ officials. The third and fourth respondents…

BONNYVIEW ESTATES (PRIVATE) LIMITED v (1) ZIMBABWE PLATINUM MINES (PRIVATE) LIMITED (2) THE MINISTRY OF LANDS AND RURAL RESETTLEMENT

Supreme Court · SC 58-2018 · 09 2018

MAKARAU JA:- This is a chamber application for condonation for the late filing of an appeal and extension of time within which to note an appeal in terms of r 31(3) of the Supreme Court Rules, 1964.

JAMES STEWART DRYNAN versus ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY

High Court of Mutare · HMT 11-19 · 09 2018

On 28 September 2018, I removed the chamber application from the roll. The applicant has not sought the reasons for my decisions to remove the matter from the roll but has written letters seeking to convince the court to revisit…

WILSON NHAMO versus THE STATE

Harare High Court · HH-629-18 · 09 2018

At the hearing of this appeal we made the following order after reviewing the record of proceedings in terms of s26 of the High Court Act, [Chapter 7:06]. “The conviction be and is hereby quashed and the sentence set aside.…

SPAR HARARE (PVT) LTD versus FAP MARKETING (PVT) LTD and PRISCILLA MAMBO and FRANCIS MAMBO and CORNELIUS ANDRES PIJORO

Harare High Court · HH-581-18 · 09 2018

Plaintiff issued summons against the defendants for the recovery of a debt in the sum USD81 881.42 which it claims is due and owing to it. Plaintiff prayed for an order in the following terms:- i) Judgment in the sum…

VENGAI NYAMAKATO versus THE STATE

Harare High Court · HH-566-18 · 09 2018

The appellant was convicted of indecent assault as defined in s 67 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], that he perpetrated on his sister-in-law. The facts upon which the conviction was based on can be summarized…

SOCRATES CHENJERAI MUGARI TSAPO versus THE STATE

Harare High Court · HH-564-18 · 09 2018

The appellant is the director and alter ego of Tsapo Plumbing and Construction (Pvt) Ltd. He was charged with the crime of fraud (six counts). After a trial, he was convicted and sentenced to a total of 48 months imprisonment…

THE STATE Versus FARAI CHIMHAMHASI

Masvingo High Court · HMA 45-18 · 09 2018

The 37-year-old accused of Mateko village, Chief Ndanga, Zaka in Masvingo was arraigned before the Senior Regional Magistrate at Chiredzi for raping his 13-year-old daughter in grade 7 on six different occasions in 2018.

DRUM CITY (PRIVATE) LIMITED v BRENDA GARUDZO

Supreme Court · SC 57-2018 · 09 2018

This is an appeal against the decision of the Labour Court confirming the draft ruling of the respondent, a labour officer. The ruling was in favour of the appellant’s former employee, Ms Umarah Khan whose contract of employment was summarily…

EVERITSO KAMONE versus THE STATE

Harare High Court · HH-567-18 · 09 2018

In this application the applicant applies for bail pending appeal based on changed circumstances following the dismissal of his previous application by MUREMBA J on 13 December, 2017 in a judgment recorded as HH 216/18. On 22 February, 2018, the…

CAR RENTAL SERVICES (PRIVATE) LIMITED T/A AVIS RENT A CAR versus BERNARD CHISWA and SHAILLON CHISWA

Harare High Court · HH-563-18 · 09 2018

The plaintiff issued summons against the defendants claiming payment of US$13 868.90 for car rental charges due to the plaintiff and interest thereon at the rate of 3.5% from 1 April 2016 to date of full payment. The undisputed facts…

RITA MARQUE MBATHA versus MESSENGER OF COURT

Harare High Court · HH-562-18 · 09 2018

The applicant sued one Vincent Ncube and the respondent through the urgent chamber book. She did so under HC 7310/18. The order which the court granted to her on 9 August 2018 reads: “TERMS OF FINAL ORDER SOUGHT That you…

MARVEL KARIMBIKA (NEE NCUBE) versus ABRAHAM KARIMBIKA

Harare High Court · HH-559-18 · 09 2018

The parties got married on 27 April 2013 in terms of the Marriage Act [Chapter 5:11]. No children were born out of the marriage. At the pre-trial conference they were agreed that their marriage had irretrievably broken down to the…

DETECTIVE CONSTABLE CHIVENGWA versus THE TRIAL OFFICER (CHIEF SUPERINTENDENT MUNJERI) and COMMISSIONER OF POLICE

Harare High Court · HH-558-18 · 09 2018

After hearing argument on September14 2018 I dismissed this application with costs. I stated that the reasons would be furnished in writing. On the same day, around 16:35 hrs, the Registrar placed a letter before me. It was authored by…