CREMPTON TRADING (PVT) LTD t/a DAROLYN WINDERS AND CONTRACTORS versus EDWIN MATEKENYA

Harare High Court · HH 332-12 · 08 2012

This application initially came as an application for a provisional order for the company’s voluntary winding up. A provisional liquidation order was granted on 22 June 2011. On 27 July 2011 the respondent filed its notice of opposition. The matter…

BEESONS IMPORTERS DISTRIBUTORS AND CONFIRMERS PVT LTD versus REGIS NAZARE

Harare High Court · HH 331-12 · 08 2012

This is an application for eviction. The applicant prays for an order in the following terms; “1. That the respondent, its agents and anyone claiming rights through him are hereby immediately and forthwith evicted from stand No 17024 of stand…

ALPINA (PVT) LTD versus ELFAS HUNGWE

Harare High Court · HH 329-12 · 08 2012

The plaintiff has issued summons against the defendant wherein it claims payment of an amount of USD$24 256.65, interest on the stated sum at the prescribed rate and costs of suit. The background to the claim is briefly the following.

JUDITH TSAMBA and OLIVIA CHIGUVARE versus MR REUBEN MUKAVHI and MINISTRY OF NATIONAL HOUSING AND SOCIALANEMITIES and THE MESSENGER OF COURT HARARE

Harare High Court · HH 333-12 · 08 2012

This is an urgent chamber application in which the applicants seek in the interim a stay of the proceedings in the Magistrates Court Case No. MC7485/10. The final relief sought is that the first, second and third respondent be interdicted…

CLEOPAS CHANDAENGERWA and THE STATE

Harare High Court · HH 328-2012 · 08 2012

This is an application for bail pending appeal. After I had heard argument from both parties I indicated that my ruling would be given on 21 August 2012. This is it. The applicant was convicted of attempted rape by the…

RODRICK MADUSISE versus THE STATE

Harare High Court · HH 327-2012 · 08 2012

This is an application for bail pending determination of the applicant’s appeal against both conviction and sentence. The applicant made an application for bail pending appeal before the trial Magistrate after his conviction and sentence. The application was dismissed.

THE ATTORNEY GENERAL versus MARK TENDAI MUNYAWARARA

Harare High Court · HH 326-2012 · 08 2012

This is an appeal by the Attorney General against the judgment of the Magistrates’ Court granting bail to the respondent. This court will interfere with the decision of a Magistrates’ court to grant or refuse bail only if the Magistrate…

PETER GORE versus TONY ZANG GANGHONG and THE DEPUTY SHERIFF (KWEKWE)

Harare High Court · HH 325-12 · 08 2012

This matter came as an exparte urgent chamber application for stay of execution of the default judgment granted under HC 10745/11 pending the determination of an application for rescission of judgement in that case. I directed that the other party…

SHARMEN TENDAYI KOMBAYI versus HAMUTENDI KOMBAYI

Harare High Court · HH 320-2012 · 08 2012

This is an appeal against the whole judgment of the Gweru Magistrates court delivered on 20 April 2010 in which the court a quo inter alia granted sole custody of two minor children to the respondent without also granting appellant…

CATHERINE CHIKAVHANGA versus EVANS KUYERI and KUYERI FAMILY TRUST

Harare High Court · HH 319-12 · 08 2012

The plaintiff and the first defendant were wife and husband respectively under an unregistered customary law union which has now been dissolved. The second defendant, Kuyeri Family Trust (hereinafter The Trust) is cited in these proceedings on account of the…

DEPUTY SHERIFF versus SHAMU PEN TIP COMPANY (PVT) LTD and ELECTRICAL & PULLEY COMPONENTS (PRIVATE) LIMITED

Harare High Court · HH 466-12 · 08 2012

: The dispute in casufound its way to court by way of interpleader. Here are the facts: the judgment creditor (Electrical & Pulley) obtained a judgment in its favour in case No HC 4786/06 against Shamu Trading and Investment (Private)…

NOSISI CHIMBWERO (nee MOYA) versus ZACHARIA CHIMBWERO

Harare High Court · HH 322-2012 · 08 2012

The plaintiff and defendant were married to each other in terms of the Marriages Act, [Cap 5:11] at Harare on 19 August 2002. Their marriage still subsists. Prior to that date they had been living together as husband and wife…

CMTI ZIMBABWE (PRIVATE) LIMITED versus TRISTAR INSURANCE COMPANY LIMITED

Harare High Court · HH 316-2012 · 08 2012

On 23 June 2008 the plaintiff and the defendant entered into an insurance agreement. The insurance policy issued to the plaintiff (the insured) was to cover damage to the “whole or part of the property described in the schedule, owned…

MARSDEN FARM (PVT) LTD versus CHIEF MASHAYAMOMBE and TENDAI CHIKETA and KUDZAYI GWENHERE and D. SHONHIWA and MINISTER OF LANDS, LAND REFORM & RESETTLEMENT

Harare High Court · HH 314-12 · 08 2012

The facts of this matter are generally common cause. Marsden Farm situated in the District of Chegutu was previously owned by Michael Hughes Mino and Shelly Diane Mino, through a company known as Marsden Farm Private Limited, which held title…

THE ATTORNEY GENERAL versus MAXWELL GOREDEMA

Harare High Court · HH 337-2012 · 07 2012

The accused person was sentenced on 19 September 2011. The application for condonation was filed on 19 June 2012 exactly nine months after the conclusion of the matter. It was filed after the accused had completed his sentence of community…

INDUSTRY PENSION FUND versus UNITED REFINERIES LIMITED AND 2 OTHERS

Harare High Court · HH 313-12 · 07 2012

This is a chamber application for leave to admit into evidence a supplementary opposing affidavit earlier filed without the leave of the court. BACKGROUND The background to this matter is that the respondent filed an application under HC 1130/11 to…

WEBSTER MBANGAMI - Applicant And OK ZIMBABWE - Respondent

Labour Court · LC/H/131/13 · 07 2012

The above mentioned matter was set down for hearing before me on the 4th of April 2012. During the course of hearing the Appellant then indicated his wish to produce certain documents as evidence before the court. As these documents…

PETER DONDO – Appellant And AGRIFOODS – Respondent

Labour Court · LC/05/2013 · 07 2012

This is an appeal against the decision of the Appeals Committee which found Appellant guilty of negligent loss of company property and negligence. The Appeals Committee upheld the decision of the disciplinary hearing dismissing Appellant from employment. The brief facts…

DEPUTY SHERIFF - HARARE versus ELIMON NDOMUPEI MARINGE and NATIONAL RAILWAYS OF ZIMBABWE CONTRIBUTORY PENSION FUND

Harare High Court · HH 418-12 · 07 2012

This is one of those cases in which the maxim the law does not assist the sluggard can be aptly invoked. The claimant purchased a four roomed house in Kuwadzana in November, 2009 from one Langton Mwarazi for $10 000-00…

TABETH KUTSANZIRA versus MASTER OF THE HIGH COURT N.O

Harare High Court · HH 309-12 · 07 2012

This is again another application which raises the issue of guardianship rights and the circumstances under which a parent may be divested of such rights. The application was initially allocated to CHATUKUTA J who raised a query with the legal…