JONATHAN CHIKUKWA versus BEAUTY And GAME DOLLAR

Masvingo High Court · HMA 13-18 · 02 2018

Our job or call as judicial officers is definitely not short of its comic moments. I never did foresee that the establishment of a third High Court in Zimbabwe at Masvingo under the good intentions of decentralisation and bringing justice…

THE STATE versus WELLINGTON MAHWAMURE And PRINCE DUBE

Masvingo High Court · HMA 11-18 · 02 2018

The challenge in this matter is how to rectify the incompetent sentence imposed by the learned Provincial Magistrate following the wrong procedure adopted in respect of count 2. One would have thought that the experienced learned Provincial Magistrate would not…

TOBIAS TACHIVEYI MUSARIRI versus IGNATIUS RUVINGA and M & M ENTERPRISES (PVT) LTD

Harare High Court · HH 55-18 · 02 2018

I heard the matter which relates to the current parties on two separate occasions. The first hearing which fell under case number HC 963/16 took place on 6 April, 2017.

(1)JENNIFER NAN BROOKER vs RICHARD MUDHANDA AND THE REGISTRAR OF DEEDS (2) ADRIENNE STALEY PIERCE vs RICHARD MUDHANDA AND THE REGISTRAR OF DEEDS

Supreme Court · SC 05-2018 · 02 2018

This is a composite judgment in respect of two appeals which were, at the request of the parties, consolidated and heard at the same time. The appeals are against two separate judgments by the High Court dismissing special pleas of…

CHRISTOPHER SAMBAZA v AL SHAMS GLOBAL BVI LIMITED

Supreme Court · SC 03-2018 · 02 2018

The appellant is a Zimbabwean who resides in South Africa. He is a former director of Rodstreet Trading (Private) Limited (“Rodstreet”), a Company registered in terms of the laws of Zimbabwe. The respondent is a company registered in the British…

THE STATE versus TAVONGA MUPINGA

Masvingo High Court · HMA 09-18 · 02 2018

At the close of the case for the state we dismissed the accused’s application for discharge made in terms of s 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07]. We gave our reasons ex tempore. The accused had…

THE STATE versus SIKHALA ZHOU

Masvingo High Court · HMA 08-18 · 02 2018

We decided to proceed with this judgment without the benefit of counsel for accused’s written closing submissions. This so because counsel had promised to file written submissions by 20 December 2017. This matter has been outstanding for a long time.…

THE STATE versus GEORGE MATIVENGA

Harare High Court · HH 46-18 · 01 2018

The accused was convicted by the magistrate sitting at Kadoma for contravening s 70 (1) (a) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. Section 70 (1) (a) aforesaid creates the offence of having sexual intercourse with a…

WATERWRIGHTIRRIGATION (PVT) LTD versus KUDZAI CHIDAVAENZI

Harare High Court · HH 44-18 · 01 2018

The appellant sued the respondent for the return of a ROTRIX RainmakerIrrigator machine alternatively payment in the sum of $8 900.00 being the purchase price for the particular machine.

ALEC KABICHI versus MINERALS MARKETING CORPORATION OF ZIMBABWE

Harare High Court · HH 38-18 · 01 2018

Plaintiff issued summons against the defendant claiming payment of 80% of the market value of a 3litre engine Chevrolet Trailblazer motor vehicle in lieu of an executive perk allegedly due to him consequent upon an employment relationship.

JEREMIAH GOWORA PLAINTIFF and UTC ZIMBABWE (PVT) LTD 1ST DEFENDANT and FUNGAI MUTSEYEKWA 2ND DEFENDANT

Harare High Court · HH 37-18 · 01 2018

On 23 January 2014 I granted an order in favour of the plaintiff. I did indicate that my reasons would follow. Here they are: It never ceases to amaze me how simple contractual agreements entered into by parties with honest…

GETRUDE SIHLE SIBANDA versus LINDA KATSANDE and KIZITO ZVAVAHERA and REGISTRAR OF DEEDS

Harare High Court · HH 34-18 · 01 2018

The plaintiff issued summons against the defendants for an order directing that the first and second defendants sign all the transfer papers to facilitate transfer of Stand No. 4306 Fountainbleau Estate into plaintiff’s name upon granting of this order.

ADVANCE MASARA versus THE STATE

Masvingo High Court · HMA 07-18 · 01 2018

MAWADZE J: On 1 November 2017 after hearing arguments from counsel we dismissed this appeal for lack of merit. The reasons for the dismissal were given ex tempore.

PHILEMON MUTANGIRI and NYIKADZINO MUTATI and LYTON KAUNDA versus LEONARD MUTEMA t/a LEONARD TRADING and F. NAGO N.O. PROVINCIAL MAGISTRATE

Masvingo High Court · HMA 06-18 · 01 2018

This was an application for review. The second respondent was a provincial magistrate. At all relevant times she was stationed at Zaka, one of the districts in the Province of Masvingo. It was the proceedings before her in the court…

TUNGAMIRAI NYENGERA v THE STATE

Supreme Court · SC 67-2018 · 01 2018

This is an appeal against the judgment of the High Court, dismissing the appellant’s appeal against his conviction and sentence by the magistrates court.

THE STATE versus SAMUEL NYABANGO

Harare High Court · HH 61-18 · 01 2018

The accused, a 30 year old was convicted of attempted rape as defined in section 65 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23] as read with section 189 of the same enactment. He was convicted on his…

TINEI AMOS FAMILY TRUST versus MARTIN MUFANEBADZA

Harare High Court · HH 50-18 · 01 2018

This case presents a complex scenario of what has become of the legal profession due to the conduct of a few “bad apples” in the basket. If left unchecked that conduct can damage the reputation of the legal profession, a…

THE STATE versus PANASHE TAGWIREYI

Masvingo High Court · HH 47-18 · 01 2018

The record in this matter was first placed before me on review on 23 September, 2016. I addressed a query to the magistrate who convicted the accused person. I reproduce the query hereunder. “REVIEW MINUTE: THE STATE v PANASHE TAGWIREYI…

STATE versus SIXPENCE BRIAN

Harare High Court · HH 45-18 · 01 2018

The record in this matter was placed before me on review.

THE STATE versus BERNARD MAKUCHETE and RABSON MAKUCHETE

Masvingo High Court · HMA 10-18 · 01 2018

The two accused were blood brothers. Together with their third brother, Richard Makuchete [“Richard”], they were arrested and charged with the murder of their cousin, Zvinowanda Zvinowanda [“the deceased”]. Richard has since been convicted and sentenced under judgment HMA 7-16.…