KASKAY PROPERTIES (PVT) LTD versus MINISTER OF LANDS AND RURAL RESETTLEMENT and A GAVA and REGISTRAR OF DEEDS

Harare High Court · HH 762-17 · 11 2017

litigant who makes a conscious decision to sue through motion, as opposed to action, proceedings is enjoined to anticipate the respondent’s defence. Having anticipated such, he must include in his founding affidavit all the evidence which supports his case including…

THE STATE versus ARISHETI KAZUNGA

Harare High Court · HH 763-17 · 11 2017

The test to be applied where the defence of provocation is raised to a charge of murder is this - Did the accused actually lose his self-control, and not necessarily his capacity to intend to kill? The second part of…

VAKIM NYONI AND 21 OTHERS versus FREDA REBECCA GOLD MINE HOLDINGS LTD

Harare High Court · HH 758-17 · 11 2017

The applicants raised certain claims against their employer which is the respondent in casu. They claimed payment of the following allowances: medical, housing, utilities, shift and underground, cafeteria, production bonuses and food hampers. They took their case to arbitration. The…

THE STATE versus WILSON MPAKATA

Harare High Court · HH 767-17 · 11 2017

The accused is facing a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], it being alleged, that on 8 October 2014, at Charu homestead, he unlawfully and with intent to…

STATE versus CARRINGTON CLIPTON GWERA and AGRIPPA CHIBISO

Harare High Court · HH 757-17 · 11 2017

Both accused persons in this case are charged with murder which had its genesis in a request for a cigarette by the deceased, one Moses Chiyangwa. This request was to one Joseph Mutonhodzi, a reveller at the bar who was…

VIRGINIA WHACHA versus ISABEL RUPUNGU and BRIAN WHACHA (in his capacity as the Executor of the Estate late Josphat Whacha) and THE MASTER OF THE HIGH COURT

Harare High Court · HH738-17 · 11 2017

This is an appeal in terms of s 68J of the Administration of Estates Act [Chapter 6:01] against the Master’s finding that the first respondent was a customary law wife to the late Josphat Whacha.

THE TETRAD CREDITORS GROUP TRUST versus TETRAD INVESTMENT GROUP TRUST and THE MASTER OF THE HIGH COURT N.O

Harare High Court · HH 765-17 · 11 2017

The applicant, a Trust, instituted the instant application seeking an order directing the first respondent to convene a meeting of the first respondent’s creditors on or before 15 November 2017 for the purpose of considering “the resolutions tabulated by the…

TAPOZ ACADEMY (PVT) LTD t/a BETHEL ACADEMY versus FARAYI MUUNGANIRWA

Harare High Court · HH 756-17 · 11 2017

Plaintiff claimed $47 700.00 together with interest at the prescribed rate from 7 April 2015 to date of payment plus costs of suit on a higher scale from the defendant from an alleged unlawful use of its trading name and…

RITA MARQUE MBATHA versus CONFERDERATION OF ZIMBABWE INDUSTRIES

Harare High Court · HH 754-17 · 11 2017

The applicant approached this court seeking an order in the following terms: “IT IS BE AND HEREBY ORDERED THAT: 1. That condonation of the late application for leave to appeal for case number HC1788/15 be and is hereby granted. 2.…

DR MILLICENT MOMBESHORA versus THE SHERIFF OF THE HIGH COURT OF HARARE and KINGDOM BANK LIMITED (IN LIQUIDATION) and TENDAI JEMWA

Harare High Court · HH 751-17 · 11 2017

The application before me is an application for review of the Sheriff’s determination. I shall summarise the facts leading up to the review below. The second respondent obtained default judgment against the applicant. The second respondent then obtained a writ…

PANGOULA FARMS (PVT) LTD versus CITY OF HARARE

Harare High Court · HH 749-17 · 11 2017

This is an opposed application in terms of which applicant Pangoula Farm P/L seeks the following declaratory orders against the City of Harare that 1) Applicant is exempt from payment of rates in respect of its property Pangoulia Farm of…

PEACEY ESTATES (PVT) LTD versus GEORGE MAKAWA DAKA

Harare High Court · HH 747-17 · 11 2017

In this opposed application the applicant has sued respondent for an order of ejectment of the respondent and all those claiming occupation through respondent occupation from applicant’s commercial premises at Chedgelow Farm and holding over damages in the sum of…

The accused appeared in court on 21 September 2017 on two charges, the first one of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the code) and the second one being attempted murder as defined in s 189 (1) as read with s 47 (1) of the Code.

Harare High Court · HH 746-17 · 11 2017

The plaintiff issued summons against the defendant claiming payment of the sum of USD42 284.00 and ZAR 40 000.00 which is the total of outstanding school fees benefits and performance bonuses for the years 2011 and 2012, interest on the…

NELLIE WANJOWA versus GUEST AND TANNER REAL ESTATE (PVT) LTD

Harare High Court · HH808-17 · 11 2017

Plaintiff instituted action proceedings against the defendant for the following relief; 1. Payment of the sum of $46 750 being damages arising out of defendant’s breach of its duty of care and for misrepresentation and/ or breach of its implied…

INTERFIN BANK LIMITED (IN LIQUIDATION) versus BARTIM LAKE NURSERIES (PRIVATE) LIMITED and TIMOTHY NATHAN CHIGANZE and BARBARA CHIGANZE and TARUBINGA INVESTMENTS (PRIVATE) LIMITED

Harare High Court · HH 773-17 · 11 2017

The plaintiff, a commercial bank which is in liquidation, instituted an action against the defendants claiming payment of the following: “(a) US$983149-19 being capital. (b) US$124 432-12 being interest (c) interest on the sum of US$983 149-19 at the penalty…

ALFRED M. PENSADO versus THE STATE

Harare High Court · HH 740-17 · 11 2017

On 14 July, 2017, the applicant was convicted by the magistrate at Chegutu Court on two counts of theft a defined in s 113 of the Criminal Law Codification and Reform Act), [Chapter 9:23]. The applicant was sentenced to 18…

DAINA HWATA versus VONGAI HWATA (in the capacity as the Executor Dative of Estate late Enos Hwata – DR636/02) and MINISTER OF LANDS AND RURAL RESETTLEMENT and MASTER OF HIGH COURT

Harare High Court · HH 759-17 · 11 2017

The application hinges on a dispute pitting two related deceased estates as will be revealed from the brief history of the matter. The applicant approached the court seeking an order that farm 119 Zowa Zvimba (hereafter referred as to as…

REVAI GANDAHWA versus ELTON MAZVARIRA

Harare High Court · HH 739-17 · 11 2017

The appellant, a self-actor, issued summons out of the Magistrates Court, Bindura, wherein she sought the eviction of the respondent from stand 2030, Garikai Tsungubvi, Glendale in Mazowe District. The court a quo dismissed her claim with costs. Dismayed by…

AFRICON TRADING ENTERPRISES (PVT) LTD Versus DENSON MUTASA

Harare High Court · HH 732-17 · 11 2017

This claim is based on an acknowledgment of debt, (A.O.D). The brief facts surrounding this dispute are as follows. The plaintiff is a company that trades in fuel. The defendant was a director of Nhari Investments (Pvt) Ltd. The defendant…

THE STATE versus MANNERS NGONI

Harare High Court · HH 731-17 · 11 2017

This matter was placed before me for review in terms of s 57 of the Magistrates Court Act [Chapter 7:10]. The accused appeared before a Marondera court facing a charge of contravening s 89 (1) (a) of the Criminal Law…