PATSON MURIMOGA and GEORGE RICE versus MORGAN RICHARD TSVANGIRAI N.O and NELSON CHAMISA and ELIAS MUDZURI and THE NATIONAL CHAIRPERSON OF MOVEMENT FOR DEMOCRATIC CHANGE and THE MOVEMENT FOR DEMOCRATIC CHANGE

Harare High Court · HH 635-17 · 09 2017

This is an application for a declarator in the following terms: 1. “The appointment of the 2nd and 3rd respondents as Deputy Presidents of 5th Respondents by the first respondent’s Constitution be and is hereby declared as null and void.…

SENZIWANI SIKHOSANA and FUNGAI SIKHOSANA versus ACOL CHEMICAL HOLDINGS (PVT) LTD

Harare High Court · HH 629-17 · 09 2017

The application before this court is one for rescission of default judgment. The salient facts are as follows: The first and second applicants are directors of a company named Plastech Design (Pvt) Ltd. The respondent herein successfully sued Plastech Design…

ELIZABETH KWARAMBA versus REAL ESTATE SENSE (PVT) LTD and SHERIFF OF ZIMBABWE

Harare High Court · HH 628-17 · 09 2017

This application filed on 10 January, 2017 was accompanied by a certificate of urgency supporting the need to have the application heard on an urgent basis. It was averred that the applicant, a medical doctor was due to be evicted…

RYDALE RIDGE PARK (PRIVATE) LIMITED versus ZVIMBA RURAL DISTRICT COUNCIL and THE REGISTRAR OF DEEDS

Harare High Court · HH 625-17 · 09 2017

The applicant approached this court on an urgent basis seeking the following relief: “TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following terms: (a) 2nd…

DR IGNATIUS CHOMBO (MINISTER OF HOME AFFAIRS) versus THE SHERIFF OF ZIMBABWE and TENDAI BLESSING MANGWIRO and SHELTON MAHUNI and VALENTINE MUTATU

Harare High Court · HH 621-17 · 09 2017

The parties agreed at the hearing of the urgent chamber application on 26 July 2017 that by consent a provisional order be granted staying the arrest and lodging of the applicant into prison in terms of a writ of execution…

WOODTON ENGINEERING (PVT) LTD versus T.M SUPERMARKETS (PVT) LTD

Harare High Court · HH 620-17 · 09 2017

This is a matter in which the plaintiff issued summons against the defendant and claimed various amounts itemised in its declaration as follows: ‘(i) 24 714,77 being unpaid money for the construction of a new deli stores area. (ii) $16…

MINEXUS MINERAL RESOURCES (PVT) LTD and EDGETOP MINING (PRIVATE) LIMITED and FADI ALI KHATOUN versus ADVOCATES AMIT PINES N.O and URI GIL N.O (in their capacities as joint foreign interim liquidators of) FUSS DIAMOND LTD and ZIMBABWE CONSOLIDATED DIAMOND COMPANY (ZCDC) (incorporating former Marange Resources (PVT) Ltd) and MINISTER OF MINES & MINING DEVELOPMENT

Harare High Court · HH 619-17 · 09 2017

This is a Court Application for a Declaratory Order in terms of section 14 of the High Court Act [Chapter 7:06] as read together with Order 32 r 226 (1) (a) of the High Court of Zimbabwe Rules, 1971. In…

ZANOREMBA HOUSING COMPANY (PVT) LTD and CHIGUMBA PROPERTY HOLDINGS (PVT) LTD versus ZANOREMBA HOUSING CO-OPERATIVE SOCIETY LIMITED and KALISTO MASANGO and HASTANCIA MUSETWA and TAURAI ZIKWENDE and ERIFA CHIVAVAYA and CLEMENCE CHITSANGA and TENDAI NYANGANDE and ELWIN TSONGORO and CHITUNGWIZA MUNUCIPALITY

Harare High Court · HH 618-17 · 09 2017

This matter came as a court application for an interdict and declaratory order. The initial court found that there was a material dispute of facts and the matter was referred to trial so that viva voce evidence can be led.

THE STATE versus JEALOUS NEMARINGA and PATRICK MARUFU

Masvingo High Court · HMA 52-17 · 09 2017

The two accused persons, Jealous Nemaringa and Patrick Marufu, were jointly charged with murder. The allegations against them were that on 28 September 2015, in rural Bikita, Masvingo, one or other or both of them unlawfully caused the death of…

JONATHAN NATHANIEL MOYO Versus (1) SERGEANT CHACHA (2) THE ZIMBABWE ANTI-CORRUPTION COMMISSION (3) THE COMMISSIONER GENERAL OF POLICE, ZIMBABWE REPUBLIC POLICE (4) THE PROSECUTOR-GENERAL

Constitutional Court of Zimbabwe · CCZ -19-2017 · 09 2017

The applicant approached the Constitutional Court alleging that his right to personal liberty has been infringed by the first respondent, a police officer on secondment to the second respondent (hereinafter referred to as “ZACC”). The applicant asserts that the first…

BLESSING MUSHAPAIDZE Versus (1) ST ANNE’S HOSPITAL (2) CAPS HOLDING LIMITED (3) NATIONAL EMPLOYMENT COUNCIL FOR THE WELFARE AND EDUCATIONAL INSTITUTIONS

Constitutional Court of Zimbabwe · CCZ- 18-2017 · 09 2017

The applicant approached this Court in terms of s 85(1)(a) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), alleging that the respondents infringed the following of her fundamental rights – the right to dignity;…

SHANTEL RUSIKE v THE STATE

Constitutional Court of Zimbabwe · CCZZ 17-2017 · 09 2017

This is an application in terms of s 175(4) of the Constitution of Zimbabwe (hereinafter referred to as “the Constitution”) wherein the applicant submits that s 33(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to…

1. THE STATE versus TAPIWA MAMBANGA 2. THE STATE versus ELIAS ZHUWAO

Harare High Court · HH 631-17 · 09 2017

The two matters came before me by way of automatic review. Since they were dealt with by the same magistrate and have a common flaw it is convenient to deal with the issue in one judgment.

THE STATE versus NGONI MUDZIMBA

Harare High Court · HH 623-17 · 09 2017

The accused is facing a charge of murder. The allegations against him are that on 3 September 2005 at Mugabe Village, Chief Musana, Bindura, the accused person unlawfully and with intent to kill, assaulted the now deceased Martin Makenzi on…

THE STATE versus LIBERTY DUBE

Harare High Court · HH 615-17 · 09 2017

he accused is facing one count of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of attempted murder as defined in s 189 as read with s 47…

TUNGAMIRAI MADZOKERE and YVONNE MUSARURWA and LAST MAENGEHAMA versus THE STATE

Harare High Court · HH 624-17 · 09 2017

The 3 applicants were convicted of murder with actual intent and sentenced to the minimum mandatory sentence of 20 years imprisonment for the murder of a police officer inspector Petros Mutedza who was on duty at Glenview 3 Shopping Centre…

CBZ BANK LIMITED and HOTHFIELD ENTERPRISES PVT LTD and TONY RENATO SARPO versus TRIANGLE SUGAR CORPORATION LIMITED t/a Tongaat Hullet, Triangle Limited and TUNGAMIRAI ISAAC RUKATYA and SHERIFF OF THE HIGH COURT

Harare High Court · HH 617-17 · 09 2017

On the 9th of August I granted the applicants an interim order in the following terms: “That pending the determination of the main matter being the case of CBZ Bank Limited v Hothfield Enterprises (Pvt) Ltd and Ors HC 12629/16,…

THE SHERIFF FOR ZIMBABWE APPLICANT and ENERST LEKANI 1ST CLAIMANT and MERCEY TENDAI MAMBURE 2ND CLAIMANT versus ZB BANK LIMITED JUDGMENT CREDITOR

Harare High Court · HH 616-17 · 09 2017

This is an interpleader application. On 9 October 2012, the following consent order was granted in favour of the judgment creditor ZB Bank Limited, wherein the judgment debtors were ordered to pay the sum of USD$80 845.64 plus interest at…

DAVID DOFO versus DAIRAI KANOYANGWA and MAGISTRATE TENDAYI MAHWE and PROSECUTOR GENERAL and THE OFFICER IN CHARGE BORROWDALE POLICE

Harare High Court · HH 613-17 · 09 2017

This is an application for rescission of a default judgment in terms of Rule 63 of the High Court Rules, 1971.

JONATHAN VAMBE versus THE STATE

Harare High Court · HH 612-17 · 09 2017

The appellant appeared at the Magistrates Court sitting at Bindura facing 3 counts of aggravated indecent assault and 4 counts of indecent assault as defined in terms of section 66 (1) (a) (ii) and 67 (1) (a) (ii) of the…