VICTOR CHISOMBO versus FREDRICK CHUMA

Harare High Court · HH 647-17 · 09 2017

On 22 September, 2016, we dismissed the above appeal, with each party to bear its own costs. On 16 May, 2017, the appellant wrote a letter to the Registrar asking for the reasons for judgment. This is what prompted us…

TINASHE DESHE versus ERIC BULINDA

Harare High Court · HH 646-17 · 09 2017

On 1 February, 2010, the respondent purchased Plot number 236 which was 300 square metres through Nandi Properties who are cited as Estate Agents in the Agreement of Sale. The Agreement of Sale said the plot number was temporary and…

BRIDGE SPAR and ARUNDEL SPAR versus ISAAC TEMBO and JOSPHENE USHEWOKUNZE and MARY MAPOSA and SYDNEY ZUNZANYIKA and ELPHAS SAYI and HERBERT CHAZIYA and CHAMUNORWA MADZONGERA and NIELD T TOMBO

Harare High Court · HH 645-17 · 09 2017

On 15 December, 2014 the respondents, who were the applicants in the court a quo, filed an application to register an arbitral award in terms of s 98 (14) of the Labour Act, [Chapter 28:01].

RUDO HOUSING CO-OPERATIVE versus CITY OF HARARE

Harare High Court · HH 644-17 · 09 2017

On 28th of July 2015 I granted an interim order prohibiting the respondents from evicting or demolishing applicant’s members residential structures located in Budiriro, Harare. I have since been requested to provide reasons for my order.

VINOD RAMA and SEESHNA (PVT) versus ROSELYN MURAMBIWA and THE REGISTRAR OF DEEDS and THE MASTER OF HIGH COURT

Harare High Court · HH 643-17 · 09 2017

The first and second applicants in this application are first and third respondents in case No. HC4168/14 wherein Roselyn Murambiwa as executrix dative (Estate Late Phillip Murambiwa) is the applicant. Case NO. HC 4168 is the main case brought as…

ONISMAS CHIGWENDE versus THE STATE

Harare High Court · HH 640-17 · 09 2017

In this case the state filed a notice conceding that the conviction as it stands is unsupportable. Fully appreciating the informed stance taken by the respondent’s counsel, the case was therefore withdrawn from the roll to be dealt with in…

MUSA RUKUNI and KUDAKWASHE RUKUNI versus THE STATE

Harare High Court · HH 639-17 · 09 2017

After a trial the two appellants were convicted of attempted murder as defined in section 47 as read with section 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. They were each sentenced to 10 years imprisonment of…

MATHEW MASANGO versus THE STATE

Harare High Court · HH 638-17 · 09 2017

The appellant in this case was charged and convicted of assault as defined in section 89 (1) (a) of the Criminal Law Codification and Reform) Act [Chapter 9:23]. Upon his conviction he was sentenced to 12 months imprisonment of which…

THE SHERIFF FOR ZIMBABWE and GAINMARK INVESTMENTS (PVT) LIMITED versus FBC BANK LIMITED

Harare High Court · HH 636-17 · 09 2017

The background of the case is that on 7 August, 2006, Chinhoyi Municipality repossessed stand 5435 Industrial from H & K Electrical in terms of Annexure D which is on p 40 of the interpleader application. The Municipality said it…

THE GRANGE RESIDENTS ASSOCIATION versus PADLEY ENTERPRISES (PRIVATE) LIMITED

Harare High Court · HH 634-17 · 09 2017

The plaintiff is a common law universitas of the residents and ratepayers of a suburb called The Grange in the city of Harare. They came together as an association of residents who purchased residential stands from the defendant during the…

CBZ BANK LIMITED versus MICHAEL ELIAS PETER MHUNDWA

Harare High Court · HH 633-17 · 09 2017

The appellant and the respondent were in a banker-customer contractual relationship. The respondent operated a current account and a fixed deposit account with the appellant Bank.

GMP TRADING (PVT) LTD t/a GMP REAL ESTATE versus JINAN MINING PRIVATE LIMITED

Harare High Court · HH 632 -17 · 09 2017

I notice that the defendant’s legal practitioner has misrepresented that she is unaware of the reasons why the court struck the appellant’s defence out at a reconvened pre-trial hearing of this matter; in circumstances where the order was given as…

JANET MANDAZA versus WHISPER RUKANDA and THE REGISTRAR OF DEEDS and FARAI AGNES MANDAZA

Harare High Court · HH 627-17 · 09 2017

The circumstances of this matter can best be understood if the historical background is given first. What happened is that on the 6th April 2005 and at Harare, the applicant Janet Mandaza (hereinafter referred to as the purchaser) entered into…

NUTRIVEG (PRIVATE) LIMITED (Under Judicial Management) (Represented by Budhama Chikamhi in his capacity as Provisional Judicial Manager) versus COMMUNICATIONS & ALLIED INDUSTRIES PENSION FUND and THE SHERIFF OF THE HIGH COURT (N.O) and THE MAGISTRATE (N.O)

Harare High Court · HH 626-17 · 09 2017

Applicant is seeking rescission of a judgment by Consent in terms of 49 r 449 (1) (c) which provides as follows: “449 Correction, variation and rescission of judgment and orders. (1) The court or a judge may, in addition to…

THE STATE versus ITAYI MUROMBEDZI

Harare High Court · HH 743-17 · 09 2017

This murder case was set down on 25 September 2017 for trial. The case was at the instance of counsel postponed to today. The reason given for the postponement was that the counsel had discussed the evidence and wanted to…

IGNATIOUS MASAMBA Versus (1) CITY OF HARARE TREASURY CREDIT CONTROL (2) SECRETARY JUDICIAL SERVICE COMMISSION

Constitutional Court of Zimbabwe · CCZ- 25-2017 · 09 2017

This is an application for condonation of late noting of an appeal in terms of r 35 of the Constitutional Court Rules 2016. The application is rather convoluted, disjointed and incoherent. It resembles a charade for an attempt by a…

CBZ BANK LIMITED versus BUSINESS ENVIRONMENT SERVICES (PVT) LTD

Harare High Court · HH 783-17 · 09 2017

This matter was placed before me as a special case in terms of Order 29 r 199 of the High Court of Zimbabwe Rules, 1971.

MARGARET ZVINAVASHE Nee MUTAMBA versus L. KUROTWI and E. KUROTWI and SALTANA ENTERPRISES (PVT) LTD

Harare High Court · HH 660-17 · 09 2017

On 15 November 2012 the plaintiff issued summons against the defendants seeking an order declaring her to be the rightful owner of rights, title and interest in the property known as stand 7687 Warren Park Township of Warren Park, Harare,…

TRUST BANK CORPORATION LIMITED (In Liquidation herein represented by JOHN MAFUNGA CHIKURA of the Deposit Protection Corporation the Appointed Liquidator) versus EDWARD INVESTMENTS (PRIVATE) LIMITED and EDWARD NHIRA MBERI and LOVEMORE MUKONO and JOHN MUNEMIWA MBERI

Harare High Court · HH 655-17 · 09 2017

The plaintiff claims against all the defendants jointly and severally the one paying the others to be absolved, payment of a total sum of US$72 181.15, together with interest thereon at the prescribed rate calculated from the date of issue…

THE TRUSTEES FOR THE TIME BEING OF TONGOGARA COMMUNITY SHARE OWNERSHIP TRUST versus MATRIX REALTY PRIVATE LIMITED and ADDITIONAL SHERIFF GWERU

Harare High Court · HH 651-17 · 09 2017

This matter came before me through the urgent chamber book. The relief sought was that the second respondent be interdicted from removing the applicant’s property which had been placed under judicial attachment pursuant to an order granted in case number…