METROPOLITAN PROPERTY (PVT) LTD versus PADANGARE BOOK SUPPLIES (PVT) LTD and MESSENGER OF COURT, RUSAPE

Harare High Court · HH 755-17 · 10 2017

The applicants approached this court through the urgent chamber book seeking an order in the following terms: TERMS OF FINAL ORDER SOUGHT 1. That the warrant of execution issued by the Rusape Magistrates Curt under case number 57/14 be and…

RITA MARQUE MBATHA and IVYN GABRIEL MBATHA versus VINCENT NCUBE and MESSENGER OF COURT

Harare High Court · HH 737-17 · 10 2017

The applicant approached the court through the urgent chamber book seeking stay of execution of an eviction order issued by the magistrate court. In specific terms the applicant sought: TERMS OF THE FINAL ORDER That you show cause why an…

LAFARGE CEMENT ZIMBABWE LIMITED versus OVERNELL INVESTMENTS (PRIVATE) LIMITED and TENDAI KASHIRI

Harare High Court · HH 706-17 · 10 2017

The plaintiff issued summons against the two defendants claiming payment of a sum of US$ 131 046-22, interest thereon at the prescribed rate from 28 February 2014 to date of full payment and costs of suit on the legal practitioner…

MOGOLA ENTERPRISES (PRIVATE) LIMITED V OLD MUTUAL PROPERTY INVESTMENT (PRIVATE) LIMITED

Supreme Court · SC 26-20 · 10 2017

This is an appeal against the decision of the High Court granting the respondent rescission of judgment in case number HC 7509/15 and ordering that the respondent file its answering papers to the appellant’s claim in case number HC 7509/15…

ESTATE LATE RICHARD MAKONI versus ESTATE LATE RUEBEN MUTUDA JARAVAZA and THE MASTER OF HIGH COURT and THE REGISTRAR OF DEEDS and THE DIRECTOR OF HOUSING AND COMMUNITY SERVICES and THE SHERIFF OF THE HIGH COURT

Harare High Court · HH 703-17 · 10 2017

“Dead men fighting” best describes the scenario in this case. One Reuben Mutuda Jaravaza now deceased, sold an immovable property known as Stand 17321 Salisbury Township also known as 17321 Elephant Close Borrowdale to the now late Richard Makoni in…

APOSTOLIC FAITH MISSION IN ZIMBABWE and REVEREND A MADZIYIRE and REVEREND T. T MUREFU N.O and REVEREND A D MUNONYARA (MADAWO) and REVEREND A CHINYEMBA and REVEREND P MUHAMBA and REVEREND S GANYAU and REVEREND V DEVERA and REVEREND A DALE and REVEREND E NGWERE and REVEREND M MASHUMBA and REVEREND V JUNJIKA and REVEREND GAYIHAI and REVEREND M GUCHUTU and REVEREND R SIBANDA and REVEREND C MHAKA and REVEREND S BUNZA and REVERENCE C CHIYANGWA and REVEREND B CHIZINGA and REVEREND C MUPAKAIDZWA and REVEREND B TEMBO And REVEREND P MAUZI and REVEREND S Z MATEKWE and REVEREND N NHIRA

Harare High Court · HH 701-17 · 10 2017

The applicants approached this court seeking a rescission of the judgment granted by this court on 23 November 2016 in HC 1791/16. The application is being made in terms of r 449 of the High Court Rules 1971.

PHILLIP CHINOFURA versus KUKURA KURERWA BUS SERVICES (PVT) LTD

Harare High Court · HH 698-17 · 10 2017

The plaintiff brings a dilictual claim for injuries he sustained as a result of the road traffic accident involving a bus.

THE B.S LEON TRUST versus DR JOHN CHAMUNORWA MANGWIRO

Harare High Court · HH 697-17 · 10 2017

The plaintiff, a trust formed in accordance with the laws, of Zimbabwe, approached the court for the relief of: 1. eviction of the defendant from a portion of Lot 5A Mayfield comprising of “former mushroom ward, physiotherapy room, bathroom and…

RITA MARQUE MBATHA versus PROVINCIAL MAGISTRATE Y DZUDA

Harare High Court · HH 694-17 · 10 2017

The applicant instituted the instant application seeking an order interdicting the second respondent or any person acting on his behalf or in furtherance of his interests from interfering with the applicant’s occupation of the property described in the papers as…

LILY LILIAN NYAMUSHANYA and MICHELE SHAMISO NYAMUSHANYA (Represented by Lilian Nyamushanya) and NGONIDZAISHE L.T. NYAMUSHANYA and PROSPER Z NYAMUSHANYA (Represented by Lydia Imedi) and DENATIOUS NYAMUSHANYA (Represented by Tendai Nyahwai) versus RODGERS MATSIKIDZE N.O (cited here as in his Capacity as Executor Dative in the Estate of the late Phythias Nyamushanya and LAWRENCE NYAMUSHANYA and KINGSTONE NYAMUSHANYA and PHYTHIAS TAKUDZWA NYAMUSHANYA and ASTRID NYAMUSHANYA and MASTER OF THE HIGH COURT

Harare High Court · HH 693-17 · 10 2017

Applicants sought the setting aside and nullification of the last will and testament of Pythias Nyamushanya executed at Mutare on 29 November 2006. First applicant sought to be declared the sole beneficiary of the matrimonial property namely Stand 1716 Umtali…

MEADOWS (PVT) LTD and SHARADKUMAR PATEL versus COSMO TRUST and BARBRA VITORIA

Harare High Court · HH 692-17 · 10 2017

This is an application for absolution from the instance. The plaintiffs instituted proceedings for defamatory damages arising out of statements made pursuant to court proceedings.

TRANSEARTH CA (PRIVATE) LTD versus THOMAS JOHN RENSBURG and SHERIFF OF ZIMBABWE

Harare High Court · HH 691-17 · 10 2017

The brief facts are that the first respondent obtained a default judgment on 6 September 2017 after the applicant was duly barred for failing to file its plea despite that the Notice to Plead and intention to bar had been…

PEDDINGTON GURA versus INTERNATIONAL EXPORT TRADING COMPANY ZIMBABWE (PVT) LTD and SHERIFF FOR ZIMBABWE N.O

Harare High Court · HH 696-17 · 10 2017

This is an application for suspension of the sale in execution of stand number 1898 Marlborough Township 23 of Marlborough following a judgment that was granted in favour of the first respondent. The property is owned by the applicant.

ALSHABIBI ZULFIQAR and YASIR ZULFIQAR versus MINISTER OF HOME AFFAIRS and PRINCIPAL DIRECTOR OF IMMIGRATION

Harare High Court · HH 695-17 · 10 2017

The applicants are a married couple. They got married on 1 May, 2014. They did so at the Masjid-Al-Abbas Holy Temple which is in Harare. Their marriage was in accordance with the couple’s Islamic religious rites. A baby boy was…

STATE versus ALFRED SAMALANI

Harare High Court · HH 722-17 · 10 2017

The accused faces two counts of murder and one of attempted murder. The allegations are that on 20 August 2016, he unlawfully and intentionally caused the death of Rugare Kahlamezi and her grandchild Faith Chateya and attempted to murder Vimbai…

NEHEMIAH NHANDO versus BRIGHT PHARMACIES (PVT) LTD and THE SHERIFF OF ZIMBABWE

Harare High Court · HH 700-17 · 10 2017

The applicant, as a self actor, filed this application seeking an order for the postponement or suspension of sale in execution of his dwelling house in terms of order 40 rule 348A(5b).

SIMON RUDLAND versus TIMOTHY TROMBAS

Harare High Court · HH 690-17 · 10 2017

A counter-claim is the defendant’s claim against the plaintiff. It must have a cause of action. Whilst it is filed together with the defendant’s plea, a counter-claim exists independently of the plaintiff’s claim. A defence which is couched in the…

MUHAMMED AKRAM versus OLGA BHATTI

Harare High Court · HH 689-17 · 10 2017

This is an ex-parte chamber application for the registration of a restitution/ compensation order which was granted against the respondent by the Magistrates Court sitting at Harare on 8 February 2016 following her conviction in a criminal matter under case…

ZUVA PETROLEUM TWO (PRIVATE) LIMITED FORMERLY BP & SHELL MARKETING SERVICES (PVT) LTD versus SUMMERCANDE TRADING (PRIVATE) LIMITED

Harare High Court · HH 686-17 · 10 2017

The head case of Rogers v Rogers 2008 (1) ZLR 330 (S) lays out when the court will exercise its power in terms of r 79 (2) of the High Court Rules, 1971 to stop an action which is frivolous…

ZIMBABWE NATIONAL WATER AUTHORITY versus TENNYSON TIZAI SHUMBA NYAMBI and MANHAMBARA HERRY and PAUL SOUL CHABATA and MARTIN WALTER CHINDOVE and OLIVER EDIAS NYAGUWO and TEDIAS TICHAONA MARUTA and JOHN CHIRADZA and LEO MANHAMBARA and WISEMAN GANIZANI and STANLEY CHAMUNORWA CHIRENJE and DICKENS MUNYORO and SHAKESPEAR NYAMBI and JOSHUA MUZAMANI and KENNARD NYABONDE and CITY OF HARARE

Harare High Court · HH 683-17 · 10 2017

This is an application for the rescission of an order of this court granted on 10 April 2017 in HC 5623/09.