SPECTRON MOTORS and TOPBRIDGE (PVT) LTD SOCIETY UNION LIMITED and VENA KUFA and CAROLINE MATARUTSE versus YUSUF ALI ADAM (In his capacity as the Executor Dative in Estate Late HH MOOSA DR 70/97)

Harare High Court · HH 855-17 · 12 2017

The applicants’ journey to justice is long and arduous. Their case passed through the hands of not less than six (6) judges of this court. I am the seventh in the queue of judges. As I write this judgment, the…

EX CONSTABLE DUBE ADVICE 078655T versus THE OFFICER IN CHARGE, SUPERINTENDENT MUTASHU T and THE COMMISSIONER GENERAL OF POLICE

Harare High Court · HH850-17 · 12 2017

The applicant, a former constable in the Zimbabwe Republic Police, was charged with and convicted of contravening paragraph 11 of the Schedule to the Police Act as read with sections 29 and 34 of the same. He was sentenced to…

CLIPSHAM VIEWS HOUSING PROJECT versus EMMANUEL VHUDZIJENA

Harare High Court · HH854-17 · 12 2017

A purchaser has only personal rights against the seller of a thing he purchased. He has no real rights over the thing. Unless and until he takes transfer of, or title in, the property which he purchased, the remedy of…

MIKE JIRI and GIANT MUNSAKA versus THE STATE

Harare High Court · HH845-17 · 12 2017

This case first came to my attention by way of an urgent application under case number HC 10767/17. The parties were cited as Mike Jiri and Giant Munsaka as the applicants. The respondents were (1) Magistrate Chakanyuka N.O. (2) The…

STATE versus ALEC KAMUMVURI

Harare High Court · HH834-17 · 12 2017

This case has its roots in domestic violence and shows the fatal consequences that can result from it for innocent children. The accused who was charged with murder pleaded not guilty to murder and tendered a limited plea of guilty…

SAKUNDA TRADING (PRIVATE) LIMITED and METALLON GOLD (PRIVATE) LIMITED versus DTZ- OZ GEO (PRIVATE) LIMITED and THE SHERIFF OF ZIMBABWE and HOLLANDS AUCTIONEERS and ANTONIO & DZVETERO LEGAL PRACTITIONERS

Harare High Court · HH840-17 · 12 2017

On the 28 November 2017 I granted the applicant’s application and my reasons thereof were as follows: On the 7th November 2017 the applicants filed an urgent chamber application seeking an order that: “Final relief

GERMAN MUSHONGA versus FIDELITY LIFE ASSET MANAGEMENT and THE SHERIFF FOR ZIMBABWE N.O.

Harare High Court · HH848-17 · 12 2017

The applicant has approached the court seeking to stay execution of an order granted in default under HC 7370/17 pending confirmation or discharge of the provisional order on the return date.

PARK STREET PROPERTIES (PVT) LIMITED versus MOTTSTREET ENTERPRISES (PVT) LIMITED and TABETH TAWONAMESO

Harare High Court · HH846-17 · 12 2017

The plaintiff and the first defendant entered into a lease agreement in terms of which the first defendant occupied the plaintiff’s premises being number 2 Park Street, Harare. The second defendant bound herself as surety and co-principal debtor to the…

AGRICULTURAL BANK OF ZIMBABWE LIMITED versus NOTAYI MUTEMASANGO

Harare High Court · HH837-17 · 12 2017

Applicant issued summons against the defendant on 15 June 2016 claiming payment of $35 576.17 arising out of money lent and advanced to and duly acknowledged by the defendant, interest thereon and bank charges that may accrue at the bank’s…

KUDAKWASHE NCUBE versus JEMITIAS RODZE

Harare High Court · HH836-17 · 12 2017

I have been asked to provide written reasons for the ruling which I made on the opposed roll on the 10th July 2017, whereat I granted Applicant the following relief;- “IT IS HEREBY ORDERED that:- 1. The respondent and all…

WONDERLAND PANEL BEATERS (PRIVATE) LIMITED versus TRISTAR INSURANCE (PRIVATE) LIMITED

Harare High Court · HH832-17 · 12 2017

The defendant acting through its insurance broker BGI Financial Services (Private) Limited entered into agreement with the plaintiff the terms of which were that the plaintiff would repair vehicles belonging to the aforementioned insurance company’s insured clients at an agreed…

ADDINGTON KADHANI versus SENIOR STAFF OFFICER and POLICE SERVICE COMMISSION and SALARY SERVICE BUREAU

Harare High Court · HH819-17 · 12 2017

The applicant filed a court application in May, 2012. The application was set down as an opposed matter in May, 2014. In his founding affidavit, the applicant referred to the judgment in HC 7610/06 between the same parties. The judgment…

EX CONSTANBLE TAMANIKWA C 061552 versus COMMISSIONER GENERAL OF POLICE and THE CHAIRMAN OF THE POLICE SERVICE COMMISSION and THE MINISTER OF HOME AFFAIRS

Harare High Court · HH844-17 · 12 2017

I heard this application on 26 September, 2017. I delivered an ex tempore judgment in which I granted the applicant’s prayer. The respondents wrote to the registrar of this court on 24 November 2017. They did so through their legal…

AFRICAN CENTURY LIMITED versus MCDOWELLS INTERNATIONAL (PRIVATE) LIMITED (under Judicial Management) and BLESSING MASHANGWA

Harare High Court · HH839-17 · 12 2017

The applicant instituted the instant application seeking an order that the first respondent holds in trust sums of money which are due to the second respondent by the first respondent.

CFI HOLDINGS LIMITED versus PEGGY RAMBANAPASI and TAWANDA CHINOERA and JEPHINIAS CHIUMBURU

Harare High Court · HH838-17 · 12 2017

A man who, without justification, holds on to another person’s property receives little, if any, sympathy from anyone let alone the court. A fortiori when he, directly or indirectly, pleads a non-existent claim of right to the property. Where such…

TIGERENASHE MUSHAVA versus NORAH JENA and SHERIFF-HARARE

Harare High Court · HH841-17 · 12 2017

This is an application in terms of Order 40 r 348A (5a) for the postponement or suspension of a sale in execution of the applicant’s dwelling house at Stand 446 Strathaven Township 2 of Strathaven A held under Deed of…

MUYARADZI MUTSAI AND 19 ORS versus CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING and MINISTER OF TOURISM, ENVIRONMENT AND HOSPITALITY INDUSTRY and ENVIRONMENTAL MANAGEMENT AGENCY and MINISTER OF WATER RESOURCES DEVELOPMENT AND CLIMATE and ZIMBABWE NATIONAL WATER AUTHORITY

Harare High Court · HH835-17 · 12 2017

The applicants are residents of properties in Hillside and Eastlea suburbs, Harare. The two suburbs neighbour Coronation Park, an open area off Robert Mugabe Avenue and opposite Rhodesville Police Station. The first respondent has commenced the construction of a bus…

DAVID JAMES SMITH versus FALCON COLLEGE TRUST T/A QUEST AFRICA

Harare High Court · HH831-17 · 12 2017

The plaintiff issued summons against the defendant claiming the sum of US$90 700-00 for damages for bodily injuries, suffered by the plaintiff while taking part in a bridging life skills and coaching programme offered and administered by the defendant. The…

GODFREY MAGUTA versus TIMOTHY MUVANGO and OFFICER IN CHARGE VEHICLE THEFT SQUAD SOUTHERN POLICE

Harare High Court · HH830-17 · 12 2017

Three persons stand out in this application. These are the applicant, one Amos Phiri and the first respondent. I shall respectively refer to them as Maguta, Phiri and Muvango. Maguta filed the current application. He stated that he purchased a…

STANBIC BANK ZIMBABWE LIMITED versus AARON RASHAMA and REGISTRAR OF DEEDS N.O.

Harare High Court · HH828-17 · 12 2017

This is a simple application for an anti-dissipation interdict barring the first respondent from selling or in any way disposing of his property known as certain piece of land situate in the district of Salisbury called Stand Number 5428 Budiriro…