KENIAS MACHIRIKA versus THE STATE

Harare High Court · HH 794-17 · 11 2017

The appellant was convicted by the court of the magistrate for the crime of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

ZIMBABWE LAWYERS FOR HUMAN RIGHTS versus ROBERT GABRIEL MUGABE N.O and JUDICIAL SERVICE COMMISSION and RAY HEMINGTON GOBA and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS N.O

Harare High Court · HH 788-17 · 11 2017

The Constitution of Zimbabwe is the supreme law of the land. It is trite that this document is binding on all Zimbabwean citizens, and that, any conduct or action which is inconsistent with it is invalid to the extent of…

FM KATSANDE AND PARTNERS versus MYDALE INTERNATIONAL MARKETING PVT LTD and DR ROB KELLY

Harare High Court · HH 784-17 · 11 2017

The applicant filed this application under r 377 of the High Court Rules, 1971. The rule confers a right upon an applicant who obtains a judgment against a judgment debtor to move the court to compel a third party who…

TRUST KGANYAGO versus BINDURA UNIVERSITY OF SCIENCE EDUCATION

Harare High Court · HH 781-17 · 11 2017

I dealt with this matter as an unopposed application after the respondent which had initially filed a notice of opposition and opposing affidavit did not file heads of argument and did not appear at the hearing despite having been served…

SHILLA CHIGUMBA and IAN CHIGUMBA and FAITH CHIGUMBA versus ZIMBABWE ELECTRICITY TRANSMISSION & DISTRIBUTION COMPANY

Harare High Court · HH 780-17 · 11 2017

The plaintiffs’ claim is for damages suffered due to the destruction of their house by fire. The first plaintiff is the owner of No 10, 73rd Avenue Haig Park, Mabelreign, and (the house). The second and third plaintiffs were tenants…

NICHOLAS ZVIWANZA CHIRIMBA versus THE STATE

Harare High Court · HH 778-17 · 11 2017

Appellant was charged with 4 counts of rape in terms of s 65 of the Criminal (Codification and Reform) Act [Chapter 9:23]. He pleaded not guilty and after a trial in the matter was found guilty of 4 counts of…

(1) WEBSTER TONGOONA RUSHESHA (in his capacity as the legal guardian of TIVONGE SACHA RUSHESHA) (2) RASAR INVESTMENTS (PRIVATE) LIMITED (3) PANASHE RALPH RUSHESHA vs (1) ALEXIOUS MASHINGAIDZE DERA (2) ZINCOR TRUSTEES LIMITED (3) FRANK BUYANGA (4) BOKA INVESTMENTS (PRIVATE) LIMITED (5) MATTHEW BOKA (6) THE REGISTRAR OF DEEDS

Constitutional Court of Zimbabwe · CCZ- 24-2017 · 11 2017

This matter was filed as an appeal against the whole judgment of the Supreme Court dated 18 May 2015. The appellants submit that the appeal is noted in terms of s 167 (1)(a) and (c) as read with s 167…

(1) CAPTAIN ALFRED NGONIDZASHE MUGADZA Versus (1) MINISTER OF DEFENCE N.O. (2) COMMANDER OF THE ZIMBABWE NATIONAL ARMY (ZNA) N.O. (3) THE PRESIDENT GENERAL COURT MARTIAL NO 02/2013 N.O. (4) THE DIRECTOR OF MILITARY PROSECUTIONS N.O.

Constitutional Court of Zimbabwe · CCZ- 23-2017 · 11 2017

In this application, the applicant seeks an order in the following terms: “(a) The prosecution of applicant by the General Court Martial 02/13 for the offence of contravening paragraph 15 (2) (a) of the Defence Act [Chapter 11:02], that is,…

MOVEN KUFA AND VOICE FOR DEMOCRACY TRUST Versus (1) THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE (2) THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE (3) SAVIOUR KASUKUWERE (4) JOSEPH MADE (5) WALTER MZEMBI (6) FLORA BUKA (7) SYLVESTER NGUNI (8) HENRY MADZORERA (9) GILES MUTSEKWA (10) SEKAI HOLLAND

Constitutional Court of Zimbabwe · CCZ -22-2017 · 11 2017

This is an appeal against the decision of the High Court dismissing with costs an application made by the appellants seeking an order declaring the appointment of certain ministers of government to be unconstitutional and, in the alternative, an order…

YAKUBU MUSA and IMRAAN MUSA and ZUNAD MUSA versus THE COMMISIONER GENERAL POLICE and THE POLICE SERVICE COMMISSION and THE MINISTER OF HOME AFFAIRS

Harare High Court · HH843-17 · 11 2017

On the 29th November 2017 I granted the applicants’ application and my reasons thereof were as follows: This is a ruling in an application for review in terms of section 27 (1) (c ) of the High Court Act, [Chapter7:06]

THE STATE versus LOVEMORE JUMA

Harare High Court · HH 777-17 · 11 2017

This matter was placed before me for review. The Regional magistrate who scrutinized the record raised a query with the trial court. The matter has been placed before me for further consideration together with the trial magistrate’ s response to…

XU YAZHOU versus THE STATE

Harare High Court · HH 771-17 · 11 2017

The appellant was convicted of contravening s 157 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to pay a fine of US$400 in default of payment to undergo four months’ imprisonment. The court…

STATE versus TITUS MAFUKA

Harare High Court · HH 782-17 · 11 2017

The accused’s counsel raised a preliminary point in his closing submissions that the accused, in this criminal trial, did not receive a fair trial because counsel had requested a postponement when the trial started on the 19th of October 2017.…

CAROLINE LOUISE TRIGG versus PETER RICHARD HAIG TRIGG

Harare High Court · HH 753-17 · 11 2017

The plaintiff and the defendant were married to each other in terms of the Marriage Act [Chapter 5:11] at Ruwa, Harare on the 14th March 1987. Their marriage was blessed with three children who are now all adults. After a…

THE STATE versus LEWIS MAPURANGA

Masvingo High Court · HMA 53-17 · 11 2017

The accused who was facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23] was convicted of the permissible verdict of culpable homicide as defined s 49 of the same…

MINISTER OF HIGHER AND TERTIARY EDUCATION SCIENCE AND TECHNOLOGY DEVELOPMENT N.O versus GREEN FUEL (PVT) LTD

Harare High Court · HH 795-17 · 11 2017

This matter proceeded by way of a stated case, the parties having agreed that there were no material disputes of fact in the matter.

MORGAN MUGONA and LOVEMORE MAKANYA versus CONSOLIDATED FARMING INVESTMENTS LTD

Harare High Court · HH 770-17 · 11 2017

This is an application for the following declaratur in terms of s 14 of the High Court Rules Act [Chapter 7:06] 1. That the franchise agreement be and is hereby declared to have been terminated by notice given by the…

BLUEMARK DISTRIBUTORS (PVT) LTD t/a BLUEMARK TYRES and FORTUNATE MANYIMO versus HAMID SIRDAR

Harare High Court · HH 769-17 · 11 2017

This is an opposed application in terms of which first applicant made an application for the sequestration of respondent’s estate and for the appointment of a Provisional Trustee in terms of s 12 of the Insolvency Act [Chapter 6:04].

THE STATE versus KHETANI KASHA and ISAAC KASHA

Masvingo High Court · HMA 49-17 · 11 2017

Both accused persons who are siblings are facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23]. The charge is that on 13 June 2016 at Chirove Village, Headman Mpapa,…

THE STATE versus OWEN KUCHATA and BORMAN NGWENYA and SILAS PFUPA and SOLOMON MAKUMBE

Harare High Court · HH 789-17 · 11 2017

The 4 accused persons stand charged of treason as defined in s 20 (1) (b) of the Criminal Law Codification & Reform Act [Chapter 9:23]. They are alleged during the period 1 August 2015 and 22 September 2016 to have…