TAWANDA SIBANDA versus THE STATE

Harare High Court · HH 556-17 · 08 2017

After hearing argument in this matter we upheld the appeal and gave an ex tempore judgment. We have been asked to give our reasons. Here they are. The appellant appeared at Harare, regional magistrate’s court facing 10 counts to which…

COURTNEY BUNTING GREY versus THE STATE

Harare High Court · HH 555-17 · 08 2017

After his trial on 9 June 2014 and at Mbare Magistrates Court, the appellant was convicted of theft in contravention of s 113 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 30 months imprisonment…

TEDIOUS DULI and TRY MANYAMA and THE STATE

Harare High Court · HH 554-17 · 08 2017

After a protracted trial the two appellants were convicted of theft as defined in s 113 (1) (a) and (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellants were each sentenced to 30 months imprisonment of…

ANNIE MADZIMA and LINAH MACHEKANYANGA versus THE STATE

Harare High Court · HH 552-17 · 08 2017

This is an appeal against refusal of bail by the magistrate’s court. Both appellants were arraigned before a magistrate sitting at Harare facing two counts of fraud as defined in s136 of the Criminal Law (Codification and Reform) Act, [Chapter…

NEWTON E DONGO versus AMOS EDINGTON MATENGAMBIRI and THE SHERIFF OF ZIMBABWE (N.O.)

Harare High Court · HH 551-17 · 08 2017

The applicant filed an urgent chamber application seeking the following interim relief:- “1. That pending the final determination of this case the operation of the writ of execution obtains(sic) by the 1st respondents(sic) in Case No. HC7734/12 shall be suspended.…

AVRIL MILWARD versus DUDUZILE TRACY MANHENGA

Harare High Court · HH 537-17 · 08 2017

After hearing arguments in this case I dismissed the plaintiff’s case on 21 August 2015. I did indicate then that my reasons would follow. Here they are. The facts The following facts are common cause in this matter; On 15…

SHELTER CHIMUSARU versus THE STATE

Harare High Court · HH 455-17 · 08 2017

The appellant appeared before a Magistrates’ Court sitting at Bindura charged with the offence of contravening section 66 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] – aggravated indecent assault (5 counts).

THE STATE versus SHELTER SACHOKA and TENDAI TAGARIRA

Harare High Court · HH 641-17 · 08 2017

The two accused persons are residents respectively of Zimbiru and Mungate villages under Chief Chinamhora. They were arraigned before this court on a charge of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter…

RAYMOND MUSONZA and PREVIOUS KASEKE and TRYMORE KASEKE and TAPIWA KASEKE and RICHARD KASEKE and MANEX KASEKE and OBEY VAMBE versus THE STATE

Harare High Court · HH 594-17 · 08 2017

This application for bail pending appeal was argued before me on 9 August, 2017 and l reserved judgment. On 29 August, 2017, l dismissed the application and gave brief reasons for my judgment wherein l indicated that having gone through…

FELIX MAHACHI versus THE STATE

Harare High Court · HH 588-17 · 08 2017

This is an application for bail pending trial. The trial involving the applicant and his co-accused persons commenced but was postponed owing to the insufficiency of the time allocated. The applicant made an application for admission to bail after the…

STEWARD BANK LIMITED versus KANGAI MAUKAZUVA

Harare High Court · HH 567-17 · 08 2017

This is an application for summary judgment in terms of r 64. The plaintiff issued summons claiming against the defendant the sum of $47 808-00 being the outstanding amount owed to it by the defendant arising from a personal loan…

BROXFIELD ENTERPRISES & ANOTHER versus MINISTER OF LANDS AND RURAL RESETTLEMENT & ANOTHER

Harare High Court · HH 563-17 · 08 2017

This application has more questions than it has answers to them. At its centre are two farms [“the farms”]. These are Doondo and Sholliver. Doondo is registered under deed of transfer number 1176/95. It is 1301, 9074 hectares in extent.…

THE STATE versus SIKOMBE GEORGE and INNOCENT TAKAWIRA and BISERK FERENANDO

Harare High Court · HH 562-17 · 08 2017

An accused person who pleads guilty to a charge must have all the essential elements of the offence put to him, each in turn. He must be accorded an opportunity to respond to each element of the crime. Where he…

KENNETH RAYDON SHARPE versus TETRAD INVESTMENT BANK LIMITED (under provisional judicial management) and TETRAD HOLDINGS LIMITED and EUGENE MLAMBO

Harare High Court · HH 559-17 · 08 2017

The applicant issued summons claiming against the defendants, jointly and severally, the one paying the others to be absolved, payment of the sum of $1 702 451.00, arising from moneys lent and advanced to the first defendant for which second…

ZB BANK LIMITED versus NYASHA MERCY MANDAVA and BLESSING MUDZAMBA

Harare High Court · HH 558-17 · 08 2017

The applicant issued summons claiming against the defendant the sum of $12 087-49 being money owed arising from a loan advanced to the first defendant which the first defendant has failed to pay despite demand. The applicant also claims interest…

ZVIDZAI DZOMA MARANGE versus BERNARD MURWIRA MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION AND PRESERVATION OF NATIONAL CULTURE AND HERITAGE and THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE

Harare High Court · HH 557-17 · 08 2017

Chikwavadombo Mastick Marange [“Chikwavadombo”] died on 8 September 2005. He was the substantive Chief Marange. Two persons acted in his place and stead, each in turn, after his death. These were one Ringisai Noah Marange and one Gilbert Marange. The…

PUWAI CHIUTSI versus ELIOT RODGERS and THE SHERIFF OF THE HIGH COURT

Harare High Court · HH 547-17 · 08 2017

This is a chamber application brought in terms of r 348 A (5b) of the High Court Rules 1971. The applicant seeks the postponement or suspension of the sale in execution of a certain piece of land situate in the…

JACINTA JOAQUINA ANASTANSIA CHAPANER nee CARDOSO versus ROSHAN CHAPANER

Harare High Court · HH 517-17 · 08 2017

The plaintiff and the defendant were joined in holy matrimony in terms of the Marriage Act [Chapter 5:11] on 22 September 2007.

STATE versus RENIAS MASOCHA

Masvingo High Court · HMA 46-17 · 08 2017

The deceased suffered from a grossly distended abdomen. This was a condition that she had endured for five to eight years. It was a swollen stomach, the result of an abnormal cyst. The doctor said at its expansive worst the…

ANDREW MARINGA versus WINRAY ESTATE (PRIVATE) LIMITED and MINISTRY OF LANDS AND RURAL RESETTLEMENT and REGISTRAR OF DEEDS

Harare High Court · HH 550-17 · 08 2017

The applicant seeks the rescission of a judgment granted on 11 November 2015 under case number HC 9831/15 in favour of the 1st respondent and with the consent of the 2nd respondent. He further seeks to be joined in terms…