ESTATE LATE ELIAS JONATHAN KANENGONI and SARAH S. KANENGONI versus FARAI MANYIKA and REGISTRAR GENERAL OF BIRTHS AND DEATHS and MASTER OF THE HIGH COURT N.O

Harare High Court · HH 160-17 · 03 2017

The applicants bring this application in terms of s 27 (4) of the Births and Deaths Act, [Chapter5:02], [hereinafter referred to as the Act]. The second applicant was married to the late Elias Jonathan Kanengoni, who for ease of reference,…

THE TRUSTEES OF THE APOSTOLIC FAITH MISSION OF AFRICA versus ZULU ROSEWELL and PHILEMON NYABADZA and BEROLD DUBE and MALEVEN DUBE and MAPENDUKA STAFF KIMBINI TORO and NEWMAN MANHANGA and POLITE MUSIMANGA and MANZI CHIKWENYA

Harare High Court · HH 158-17 · 03 2017

Legal practitioners should keep up to date with and give cognizance to rules of the courts. They should not waste the court’s time by bringing ludicrous applications before the court. The determination of cases should not be slowed or deferred…

MCLEAN NGONIDZASHE KUCHOCHA and CECILIA KUCHOCHA versus PATRICIA MARY ELIZABETH COX (HOUGAARD) and REGISTRAR OF DEEDS N.O.

Harare High Court · HH 155-17 · 03 2017

This is an application for specific performance, that is, to compel the respondents to pursue subdivision of proposed subdivision A of Lot 369 Highlands Estates of Welmoed within 5 days of receipt of this order failing which the Sheriff of…

OLIVER CHAMIRAI MACHEKA versus TIRESI CHASARA

Harare High Court · HH 149-17 · 03 2017

This is an appeal from a decision by a Magistrate in an inquiry purportedly to confirm whether Tiresi Chasara was customarily married to the Late Elias Macheka or not.

NOREST MAPANGA versus WILLIAM MUPEPE and HOMESTAKE MINING & TECHNICAL SERVICES (PVT) LTD

Harare High Court · HH 157-17 · 03 2017

The plaintiff issued summons claiming US$250 000-00 being damages for malicious arrest, detention and prosecution as a result of the first defendant’s conduct during the course and scope of his employment with the second defendant.

GOLSON MANONOSE versus QUEENSTAR TSANDUKWA and IVHU INHAKA HOUSING CO-OPERATIVE

Harare High Court · HH 156-17 · 03 2017

The plaintiff issued summons against the defendants claiming the following. a. The setting aside of the unlawful allocation of Stand No. 579 Arcon Township, Harare by the 2nd defendant to the 1st defendant. b. The eviction or ejectment of the…

MATTHEWS TICHAONA KUNAKA versus AMOS PHIRI and MALLAN ZORODZAI CHISWA and REGISTRAR OF DEEDS

Harare High Court · HH 152-17 · 03 2017

The applicant is seeking an order for the cancellation of the Title Deed Number 2411/2012B registered in the name of the second respondent Mallan Zorodzai Chiswa, the return of his Mercedes Benz S 350 Registration Number AAH 0097 which is…

SALTANA ENTERPRISES (PVT) LTD versus NGONI TAKUNDWA and NYEMWERAYI MASENDA

Harare High Court · HH 143-17 · 03 2017

The dispute between the plaintiff and the defendants originated from a court action. The respondents purchased a certain residential piece of land situate in the Salisbury District called Stand 7929 Warren Park Township of Warren Park in terms of an…

TOVERENGWA MAREGA (2) versus THE COMMISSIONER GENERAL OF PRISONS and THE TRIAL OFFICER

Harare High Court · HH 140-17 · 03 2017

This is an application for review in terms of Order 33 Rule 256 of the High Court Rules 1971 against the decision of the first respondent dated 8th December 2015. The background to the application is that the applicant was…

CONSTABLE DUMBA 064859Y and CONSTABLE CHANGWARA 079943T versus THE TRIAL OFFICER –SUPERINTENDENT NDOU and THE COMMISSIONER GENERAL OF POLICE

Harare High Court · HH 138-17 · 03 2017

The two applicants are constables in the Zimbabwe Republic Police. On 3 March 2015 they appeared before, and were tried by the first respondent for contravening para 34 of the schedule to the Police Act.

COMMERCIAL SUGAR CANE FARMERS ASSOCIATION And ZIMBABWE CANE FARMERS ASSOCIATION And ZIMBABWE SUGAR CANE DEVELOPMENT ASSOCIATION And HIPPO VALLEY PRODUCTIVE SUGAR CANE ASSOCIATION And MKWASINE SUGAR CANE FARMERS ASSOCIATION Versus THE MINISTER OF INDUSTRY AND COMMERCE And TRIANGLE LIMITED And HIPPO VALLEY ESTATES (PVT) LTD.

Masvingo High Court · HMA 13-17 · 03 2017

This matter was first placed before my brother MAFUSIRE J on 2 February 2017. The applicants successfully sought his recusal and since we are only two judges at the station the matter landed on my desk. I proceeded to set…

1. THE STATE CRB MUT R118/16 versus RONALD CHIMBO 2. THE STATE CRB MUT R143/16 versus BESTON NADOLO

Harare High Court · HH 164-17 · 03 2017

The above matters were placed before me on automatic review in terms of s 57 (1) and (4) of the Magistrates’ Court Act, [Chapter 7:10]. I have decided to consolidate the reviews because the cases were heard before the same…

FERNHAVEN INVESTMENTS (PVT) LTD versus AFRICOM HOLDINGS (PVT) LTD and DR. SIBUSISO B MOYO and CHONAKA HLABANGANE-NDLOVU and OLD MUTUAL ZIMBABWE LIMITED and INTERFIN BANKING CORPORATION LIMITED and KWANAYI KASHANGURA and FIRST MUTUAL LIMITED and NATIONAL SOCIAL SECURITY AUTHORITY and CHIVHU TRUST (PRIVATE) LIMITED and ALLFACTS (PRIVATE) LIMITED

Harare High Court · HH 159-17 · 03 2017

The matter was allocated to me on 24 January 2017 and I immediately set it down for hearing that very day. It started off with the first eight (8) cited respondents who increased to ten (10) when I granted an…

BRIAN ANDREW CAWOOD versus ELASTO MADZINGIRA and THE MESSENGER OF COURT – MWENEZI N.O.

Masvingo High Court · HMA 12-17 · 03 2017

This was an urgent chamber application to stop an eviction on the grounds that the second respondent, the messenger of court, allegedly on the back and call of an official from the Ministry of Lands, was straying outside the four…

THE STATE versus JACOB CHIKANDIWA

Harare High Court · HH 281-17 · 03 2017

The accused pleaded not guilty to a charge of murder as defined in section 47 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23](“the Criminal Law Code”) in which it is alleged that on 8 August 2014…

STATE versus FELIX SHOWN CHITIMBE

Harare High Court · HH 150-17 · 03 2017

The accused was charged with the crime of murder as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

LINAH PFUNGWA and JUSTICE FOR CHILDREN TRUST versus HEADMISTRESS BELVEDERE JUNIOR PRIMARY SCHOOL and MINISTER OF EDUCATION, SPORT AND CULTURE and MINISTER OF JUSTICE, LEGAL AND PARLIAMANETARY AFFAIRS

Harare High Court · HH 148-17 · 03 2017

The applicants applied for a constitutional declaratory order. They moved the court to declare that corporal punishment in school and in the home violates the rights of children as set out in sections 51, 53 and 81 of the Constitution…

THE STATE versus DOUGLAS CHINYANI and CHIREMBWE CHIREMBWE

Harare High Court · HH 147-17 · 03 2017

During the course of 2016 Mrs Shava, one of the assessors passed on. In terms of s 8 (1) of the High Court Act [Chapter 7: 06] both the defence and the state consented that the trial proceed with one…

AFRICAN CENTURY LTD versus NIBLE INVESTMENTS (PRIVATE) LIMITED t/a ROCKSAVE MINING and GARRY SIDNEY SMITH and MUTSA MUJAJI

Harare High Court · HH 146-17 · 03 2017

This is an application for summary judgment in terms of Rule 64 of the High Court Rules, 1971 which provides as follows “(1) Where the defendant has entered appearance to a summons, the plaintiff may, at any time before a…

GERTRUDE PAZVICHAINDA STEMBILE MUTASA and DIDYMUS NOEL EDWIN MUTASA versus NYAKUTOMBWA & MUGABE LEGAL COUNSEL and SHERIFF OF THE HIGH COURT

Harare High Court · HH 145-17 · 03 2017

The first and second applicants, the Mutasas, are husband and wife. Before me, they seek a stay of execution and return of removed goods pursuant to a default judgement in a matter relating to unpaid legal fees for services purportedly…