ROBERT THOMAS ZAWAIRA APPLICANT versus W NYAMUPFUKUDZA (in his capacity as executor dative in the Estate late Thomas Tavagwisa Zawaira) and THE MASTER OF THE HIGH COURT and FAITH POTTS (in her capacity as Guardian of minor child George Zawaira) and ANNA ZAWAIRA and JOSEPH ZAWAIRA and TENDAYI ZAWAIRA and ALEXANDER ZAWAIRA and JULIUS ZAWAIRA and KUNDAI ZAWAIRA

Harare High Court · HH 241-11 · 11 2011

The applicant is a son to the late Thomas Tavagwisa Zawaira who died on 5 September 2003. The first respondent is the executor in the estate late Thomas T. Zawaira.The second respondent is cited in his official capacity.The third respondent…

WYNBOD ENTERPRISES (PVT) LTD and C.E. CHIMOMBE and I.C. CHIKANZA and M CHIKANZA versus FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED

Harare High Court · HH 248-11 · 11 2011

On 17 August 2011 I entered default judgment against the applicants in favour of the respondent in the following terms: “IT IS ORDERED THAT: 1. The defendant’s plea be and is hereby struck out. 2. The first, second and fourth…

PMA REAL ESTATE AGENCY (PRIVATE) LIMITED versus AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY

Harare High Court · HH 236-11 · 11 2011

The plaintiff operates a real estate business, including the valuation of assets and auctioning. The defendant is a statutory body established under the Agricultural and Rural Development Authority Act [Chapter 18:01]. The plaintiff issued summons in March 2010, claiming from…

NYASHA GUTSIRE versus MATHEW MAKANYANGA and NICHOLAS MATSIVIRA

Harare High Court · HH 290-11 · 10 2011

: The plaintiff’s claim is for payment to him by the defendants of the sum of $3 000-00 being damages for shock, pain and suffering, contumelia and unlawful detention suffered by the plaintiff at the hands of the defendants who…

STATE versus AARON MASANGO

Harare High Court · HH 254-11 · 10 2011

Accused is charged with contravening s 47 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. Although he does not deny striking deceased with a hoe on the head his defence is that he was under attack and…

THE STATE versus EDWARD TSINGANO

Harare High Court · HH 279-11 · 10 2011

The accused person is a 17 year old juvenile first offender. He is an orphan doing Form 3 at Majaha Secondary School. He was residing with his senile grandmother. He pleaded not guilty to raping a 14 year old complainant…

JAMES MAKONI versus KEIMBOYI ABRAMS and CITY OF HARARE

Harare High Court · HH 273-11 · 10 2011

The applicant in this matter purchased a property known as Stand 8356 Highfield, Township, Harare in terms of a written agreement of sale dated 2 February 2009. The seller of the property is recorded in the agreement of sale as…

SIKHULEKILE REGINA CHIZORORO (NEE GIYANE) versus ENOCK CHIZORORO

Harare High Court · HH 266-11 · 10 2011

The plaintiff and the defendant who are wife and husband respectively married each other in KweKwe on 16 June 1995 in terms of the Marriage Act [Cap 5:11]. Prior to that they had had their first child on 25 October…

THE CENTRAL INTELLIGENCE ORGANISATION and THE DIRECTOR ADMINISTRATION CENTRAL INTELLIGENCE ORGANISATION and THE MINISTER OF STATE AND NATIONAL SECURITY versus RICKY NELSON MAWERE and DAVID NYABANDO

Harare High Court · HH 247-11 · 10 2011

This is an application for condonation of late filing of a notice of opposition in HC7577/10 wherein the respondents seek the nullification of their suspension from employment as well as their reinstatement to their posts without loss of salary or…

ZIMASCO (PVT) LTD versus FARAI MAYNARD MARIKANO

Harare High Court · HH 235-11 · 10 2011

This is an application for vindication. The application was first argued before me on 11 March 2010 and on 21 July 2010, I ruled that the High Court had no jurisdiction since the matter before me was a labour dispute.…

DR. JL MAVURUDZA and MRS MAVURUDZA and MEIDLER POOLS AND CONSTRUCTION (PVT) LTD

Harare High Court · HH 234-11 · 10 2011

Sometime in October 2006 the plaintiffs contracted the defendant to refurbish their swimming pool whereupon the defendant rendered defective service thereby giving rise to a claim for specific performance or alternatively damages in the sum of US$7 904 235. 00.

CHRISTOPHER JOHN MAKASI SHAVA versus BERGUS INVESTMENTS (PRIVATE) LIMITED and MESSENGER OF COURT

Harare High Court · HH 226-11 · 10 2011

The bare bones of the dispute in this appeal are these: The appellant and the first respondent entered into a lease agreement for premises situate at 26 East Road, Belgravia, Harare on 16 May, 2003. On 14 March, 2008, the…

SOUTHERN AFRICA TOURING SERVICES (PRIVATE) LIMITED versus HALAM ENTERPRISES (PRIVATE) LIMITED

Harare High Court · HH 212-11 · 10 2011

This is an application for rescission of a default order granted by this court on 29 March 2010. The order reads as follows: “IT IS ORDERED THAT: The judgment with costs be, and is hereby entered for plaintiff in the…

GROWNET INVESTMENTS (PRIVATE) LIMITED versus RUWA LOCAL BOARD and THE MESSENGER OF COURT HARARE

Harare High Court · HH 207-11 · 10 2011

The applicant seeks the relief of specific performance. The order sought reads as follows: “IT IS ORDERED THAT:- 1. First and second respondents be and are hereby ordered to sign all necessary papers to effect transfer of Stand Number 653…

DZINGAI NEVHUNJERE versus SAM PARIRENYATWA & 5 OTHERS

Harare High Court · HH 289-11 · 10 2011

On 20 October 2010 my brother UCHENA J granted a provisional order in favour of the applicant couched in this vein:- “INTERIM RELIEF GRANTED: Pending the final determination of this matter, the applicant is granted the following interim relief: (a)…

THE STATE versus LEE KAWAREWARE

Harare High Court · HH 268-11 · 10 2011

The accused person was charged with theft in contravention of s 113 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded guilty, and was convicted on his own plea. He was sentenced to 6 months imprisonment, of…

MARTIN SIMBAIMAZORODZE versus SLYVIA MAZORODZE

Harare High Court · HH 245-11 · 10 2011

The plaintiff and defendant are husband and wife. They married each other in Harare on 23 August 1997 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with three children, Tatenda (male born on 20 September 1997);…

TIMOTHY CURTIS JACKSON versus ZIMBABWE NATIONAL WATER AUTHORITY

Harare High Court · HH 240-11 · 10 2011

This is an application for absolution from the instance by the defendant at the close of the plaintiff’s case. The defendant contends that there is no need to call the defendant to rebut the plaintiff’s claims because there is no…

THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA versus DIOCESAN TRUSTEES FOR THE DIOCESSE OF HARARE and THE SHERIFF FOR ZIMBABWE

Harare High Court · HH 206-11 · 10 2011

The applicant filed an urgent chamber application seeking an order of this court, staying the execution of an order granted by HLATSWAYO J on 24 July 2009, in HC 4327/08.

JABULANI MATEMBUDZE and GRAIN MARKETING BORAD

Harare High Court · HH 249-11 · 10 2011

This is a fairly straightforward case which in all fairness could have proceeded as a stated case since there is no dispute on the facts. The facts which are common cause in this case can be summarised as follows:- The…