P O S B Appellant And RANGO CHOMUSORA Respondent

Labour Court · LC/H/136/13 · 01 2013

At the hearing of this matter, a point in limine was taken that the Appellant was improperly before the Court in that it was approaching the Court with dirty hands. It was submitted that in terms of law, the noting…

CITY OF MASVINGO – Applicant And MASVINGO CITY COUNCIL WORKERS COMMITTEE – Respondent

Labour Court · LC/MS/01/2013 · 01 2013

This is an application for rescission of judgment handed down by this court on 8th July 2011. For such an application to succeed Applicant must; 1) give reasonable explanation for failing to attend court at the appointed time; and 2)…

JACKSON CHIKONYE versus ANNAH CHIKONYE

Harare High Court · HH-04-13 · 01 2013

The plaintiff and the defendant are husband and wife. They contracted a customary law union in 1992 and married in terms of the Marriage Act [Cap 5:11] on 17 February 2005. The marriage was blessed with three children the eldest…

RUMBIDZAI SHAAMANO versus JABULANI NKOSI

Harare High Court · HH-02-13 · 01 2013

This case epitomises the need for legal practitioners to have clarity of mind in deciding on a cause of action they wish to rely on. Such clarity of mind would serve to curtail pursuing untenable positions.

ZIMBABWE TEXTILE MANUFACTURERS ASSOCIATION versus ZIMBABWE TEXTILE WORKERS UNION and DR. GODFREY KANYENZE

Harare High Court · HH-07-13 · 01 2013

In this application the following relief is sought;- “It is ordered that:- 1. The award of quantification of damages made by the second respondent on 28 October 2011 be and is hereby set aside. 2. The first respondent pay the…

THE MESSENGER OF COURT (HARARE) versus TAVENHAVE-MACHINGAUTA LEGAL PRACTITIONERS

Harare High Court · HH-06-13 · 01 2013

On 23 January 2012, the applicant issued summons against the respondent (first defendant in the main action) and Messrs Manase and Manase Legal Practitioners as the second defendant. The action was for:- “(a) payment of USD 9 643-20 due and…

NORBERT PARADZA versus MARY SITHOLE and NORTON TOWN COUNCIL

Harare High Court · HH 464-13 · 01 2013

The plaintiff issued summons against the first and the second defendants for the transfer of stand number 2974 Katanga Norton from the first defendant to himself. The first defendant was the late Joseph Nine Sithole’s wife. Joseph Nine Sithole was…

JAMES NORTH APPLICANT And WASHINGTON TAKAENDESA RESPONDENT

Labour Court · LC/H/30/2013 · 01 2013

This is an application for interim relief. It is opposed. The applicant dismissed the respondent. The respondent appealed to the relevant National Employment Council (NEC). The NEC found that the applicant had not followed the provisions of the relevant code.…

THE STATE versus CLEOPAS CHIZHANJE

Harare High Court · HH-08-13 · 12 2012

The record of the proceedings in which Cleopas Chizhanje (the convicted person) was convicted and sentenced on his own plea was place before me for review. It is not reviewable. Most of the documents and the record of proceedings which…

JOHNPHAS GWERU versus MERCY GWERU

Harare High Court · HH 457-12 · 12 2012

The parties to this divorce action got married on 16 August 1996 at Bulawayo, Zimbabwe. Their union was blessed with three children all of whom are still minors. The plaintiff now seeks from this court a decree of divorce, custody…

RICHARD ITAYI JAMBO versus CHURCH OF THE PROVINCE OF CENTRAL AFRICA and ANGLICAN DIOCESE OF MASVINGO and THE DEPUTYSHERIFF CHIVHU N.O

Harare High Court · HH329-13 · 12 2012

This matter was placed before me on a certificate of urgency in terms of Rule 242 of the High Court Rules as amended. I dismissed the application with costs because of the preliminary issues raised. The applicant has requested written…

OSWELL NDORO versus THE STATE

Harare High Court · HH 458-12 · 12 2012

The appellant was arraigned before the magistrate at Chipinge on a charge of culpable homicide. He pleaded not guilty but was convicted after a trial. He was sentenced to 18 months imprisonment of which 6 months was suspended for 5…

DANNY MUSUKUMA versus CONSTITUTION PARLIAMENTARY COMMITTEE (COPAC) and MINISTER PATRICK CHINAMASA (N.O) and MINISTER NICHOLAS GOCHE (N.O) and HONOURABLE PAUL MANGWANA and MINISTER ELTON MANGOMA(N.O) and HONOURABLE DOUGLAS MWONZORA and MINISTER TENDAI BITI (N.O) and MINISTER WELSHMAN NCUBE (N.O) and HONOURABLE EDWARD MKHOSI and MINISTER PRISCILLA MISIHAIRAMBWI MUSHONGA (N.O)

Harare High Court · HH-01-13 · 12 2012

On 17 October 2012 the applicant, a self actor, filed an urgent chamber application under case No. HC12128/12 seeking to interdict the first respondent from convening the 2nd All-Stakeholders Conference regarding the constitution making process pending publication of the National…

TAWANDA HWARIVA versus TRISTAR INSURANCE COMPANY ZIMBABWE PVT LTD

Harare High Court · HH 459-12 · 12 2012

At the conclusion of this trial the following factors were found to be common cause. On 27 February 2009, the plaintiff insured three motor vehicles with the defendant under comprehensive cover. The three motor vehicles included a Nissan Double Cabin…

THE STATE versus ARIBETO EVERSON

Harare High Court · HH 461-12 · 12 2012

The accused person is 20 years old. He pleaded guilty to two counts of having sexual intercourse with his 15 year old girlfriend in contravention of s 70(1)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The trial…

REDAN PETROLEUM (PRIVATE) LIMITED versus BIOLINE PETROLEUM (PRIVATE) LIMITED and FRANCIS MASVIKENI and MRS L MASVIKENI

Harare High Court · HH 463-12 · 12 2012

This is an application for a spoliation order. The bare bones of the matter are these: The first respondent owed the applicant US$149 000-00. That debt has since ballooned to US$200 000-00. On 31 January, 2012 the applicant and first…

MILDRED MAPINGURE versus MINISTER, HOME AFFAIRS and MINISTER, HEALTH AND CHILD WELFARE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS

Harare High Court · HH 452-12 · 12 2012

This is an application for the granting of default judgment against the defendants who after filing a notice of intention to defend this action through the Civil Division of the Attorney General’s Office neglected to file their pleas resulting in…

MASVINGO CITY COUNCIL versus ZIMBABWE URBAN COUNCIL WORKERS UNION and THE DEPUTY SHERIFF (N.O.)

Harare High Court · HH 460-12 · 12 2012

The dispute in casu has its genesis in matters of employment. It behoves me to give a brief chronology of what transpired that resulted in the applicant finding itself in the quagmire in which it now is. The parties were…

ANGLICAN CHURCH OF THE PROVINCE OF ZIMBABWE versus ANGLICAN CHURCH OF THE PROVINCE OF CENTRAL AFRICA and THE DEPUTY SHERIFF

Harare High Court · HH 451-12 · 12 2012

In July 2009, my brother HLATSHWAYO J, heard an application under case number HC 4327/08 as consolidated with another application under case number HC 2792/09. The parties to those applications were the Diocesan Trustees of the Diocese of Harare (as…

ELIZABETH AURTHUR versus CHRISTINE CHAKUPOSHIWA

Harare High Court · HH 447-2012 · 12 2012

The plaintiff is the only child of the defendant, the defendant’s only other progeny, AlbertinaAurthur, also a daughter, having passed away some time back leaving only the two parties after the defendant had divorced their father, who also passed away…