KENIAS MUTYASIRA Versus ESTATE LATE MUCHINERIPI RISHONI GONYORA (represented by BARBARA GONYORA in her capacity as Executor Dative) And THE MASTER OF THE HIGH COURT N.O.

Harare High Court · HH 244-11 · 10 2011

This is an application for summary judgment in the sum of US $160 788.98. On 5 January 2011 the plaintiff issued summons for payment of US$160 788.98. In his declaration the plaintiff avers that he was appointed Curator Bonis of…

CHURCH OF THE PROVINCE OF CENTAL AFRICA and DIOCESAN TRUSTEES FOR THE DIOCESE OF CENTRAL AFRICA and DIOCESAN TRUSTEES FOR THE DIOCESE OF MASVINGO versus DR. NOLBERT KUNONGA and BISHOP MUNYANYI and THE DEPUTY SHERIFF OF ZIMBABWE and COMMISSIONER GENERAL OF THE ZIMBABWE REPUBLIC POLICE. 2. SCHOOL DEVELOPMENT COMMITTEE DARAMOMBE HIGH SCHOOL and DEPUTY SHERIFF CHIVHU and DIOCESE TRUSTEES FOR THE PROVINCE OF HARARE and THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA.

Harare High Court · HH 217-11 · 10 2011

The above two cases were consolidated by consent of the parties because they are interwoven and related such that the relief sought is substantially the same. The parties are engaged in protracted litigation over ownership, detention, custody and control of…

TRUSTCO MOBILE (PTY) LTD and TRUSTCO GROUP INTERNATIONAL (PTY) LTD versus ECONET WIRELESS (PVT) LTD and FIRST MUTUAL LIFE ASSURANCE GROUP

Harare High Court · HH 211-11 · 10 2011

On 17 August 2011 the first applicant and the respondents concluded an agreement in terms of which the first applicant undertook to license to the first respondent certain intellectual property (“The Trustco Mobile Concept”) which would facilitate the provision of…

RANGARIRAI MUTAPURI N.O. versus MPAKEYI MUTUNGWAZI N.O

Harare High Court · HH 210-11 · 10 2011

The plaintiff seeks in this matter an order declaring as null and void an agreement of sale entered into by and between Kingdom Mutungwazi and Ezekiel Mtapuri in respect of an immovable property called Lot 3 of Zuvanyika measuring 5.3523…

GRACIOUS DUBE versus TENDAI MBONA and REGISTRAR OF DEEDS And HOPEWELL CHARENZWA

Harare High Court · HH 201-11 · 10 2011

The delay in the preparation of this judgment is sincerely regretted. As can be seen from the dates of hearings the trial took long to complete. This was largely because as from 26 January 2011 the court had to adjourn…

MOSES MUBVUMBI and PRISCA KANYAMA and EVERIN CHIPERE and VIVIAN CHIPERE and MIRIAM NYAMUKONDIWA and REBECCA KANYAMA and ISAAC GWANYAGWANYA and ISAAC MUTUTURU and PIKITAYI NYAMANDE versus THE STATE

Harare High Court · HH 239-11 · 10 2011

The appellants were convicted and sentenced on a charge of culpable homicide. They were convicted and sentenced by a regional magistrate sitting at Marondera Regional Magistrate’s Court. They appealed against the severity of the sentence of 8 years imprisonment of…

CHURCH OF THE PROVINCE OF CENTRAL AFRICA and BOARD OF TRUSTEES FOR THE DIOCESE OF MANICALAND and MUSIWA MWASHITA. versus ELSON MADODA JAKAZI and BOARD OF TRUSTEES FOR THE DIOCESE OF MANICALAND and REVERAND BERNARD MAUPA and REVERAND VUSUMUZI NDLOVU and AND REVERAND KATANGA

Harare High Court · HH 238-11 · 10 2011

The first applicant is the Church Of The Province Of Central Africa, commonly known as the Anglican Church. The second applicant is the first applicant’s Board of trustees charged with the responsibility of looking after diocesan property in its Manicaland…

AGNES PARADZA versus BRIGHTON PARADZA and PEER PARADZA and ZANDA PARADZA and GILBERT MKWENA THE OFFICER IN CHARGE (CHITUNGWIZA POLICE STATION) and THE OFFICER COMMANDING (CHITUNGWIZA POLICE STATION) and THE COMMISSIONER GENERAL OF THE ZIMBABWE REPUBLIC POLICE and THE CO-MINISTERS OF HOME AFFAIRS

Harare High Court · HH 214-11 · 10 2011

This matter in my view highlights some of the glaring conflicts between customary law and the general law. This matter presented itself before me in chambers on a certificate of urgency in terms of r 244 of the High Court…

KHB ESTATES (PVT) LIMITED and KENNETH RONALD BARTHOLOMEW versus FELIX PAMBUKANI and MR NDOKERA – PROVINCIAL MAGISTRATE CHEGUTU and THE MINISTEER OF LANDS, LAND REFORM AND RESETTLEMENT and THE MESSENGER OF COURT N.O.

Harare High Court · HH 209-11 · 10 2011

The first applicant is the former owner of Wakefield Farm, Chegutu, measuring 688.64 hectares in extent. The second applicant resides on a portion of the farm measuring 353.06 hectares.The first applicant is the holder of the offer letter in respect…

THE ATTORNEY GENERAL versus SHINGIRAIMAPURAZI

Harare High Court · HH 272-11 · 10 2011

This is an appeal against the granting of bail to the respondent by the magistrates court. The respondent is opposed to the application citing that the respondent is a suitable candidate for bail. A perusal of the record of proceedings…

KERENZA MUSHATI versus LUISE KUDAKWASHE MUSHATI and SMART MTETWA and REGISTRAR OF DEES

Harare High Court · HH 225-11 · 09 2011

This is an urgent chamber application for a provisional order whose interim relief sought is stated as follows: “TERMS OF INTERIM RELIEF SOUGHT It is ordered that: 1. The sale of the property known as LOT 5 of LOT 264…

WILLARD CHAWIRA versus THE STATE

Harare High Court · HH 42-12 · 09 2011

The appellant was convicted on a charge of contravening s 3 (1) (a) of the Sexual Offences Act [Cap 9:21]. He appealed to this court against both conviction and sentence. After hearing submissions from counsel for the parties we upheld…

MARIA SIXPENCE versus JAMES CHINODAKUFA

Harare High Court · HH 196-11 · 09 2011

On 10 June 2009 this Court issued the following consent order between the parties: “By consent It is ordered that: (a) The Master of the High Court shall appoint from his list of evaluators, an evaluator to assess the value…

PHILLIP MUDZIVIRI In his capacity as Executor Dative of the Estate of the Late Lovemore Ngwende and OLIVER MASOMERA

Harare High Court · HH 63-12 · 09 2011

At the hearing of the application I dismissed it with costs. The applicant has requested for written reasons for the dismissal.

DARLINGTON SIREWU versus WAYNE (GALLOP) SWALES and MINISTER OF LANDS, LAND REFORM AND RESETTLEMENT

Harare High Court · HH-111-12 · 09 2011

In this urgent chamber application, the applicant seeks in the main the eviction of the first respondent and all those claiming through him from a certain piece of land known as plot 2, of subdivision A of Hunyani East, popularly…

ASIYATI PHIRI and LEVISON YARD PHIRI versus STEPHEN PARADZAI and JOYLINE MHASHO and REGISTRAR OF DEEDS and BEAUTY CHAKODZA

Harare High Court · HH 252-11 · 09 2011

On 23 June 2004 under Case No. HC 8385/03 this court issued an order in favour of the second respondent herein in default of appearance of the first, third and fourth respondents herein. The order was corrected by an order…

KUFAKUNESU CHITORO versus DUMISANI MOSES DUBE and DETECTIVE ASSISTANT INSPECTOR NDHLOVU N.O. and THE OFFICER IN CHARGE FRAUD SQUAD HARARE and DISPOL HARARE DISTRICT N.O. and COMMISSIONER OF POLICE N. O. and THE CO-MINISTERS OF HOME AFFAIRS N.O. and THE ATTORNEY GENERAL OF ZIMBABWE

Harare High Court · HH 230-11 · 09 2011

The applicant seeks a Provisional Order in the following terms: “TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following terms: 1. The respondents be and…

CHARLES SEPE and ANTI CORRUPTION COMMMISSION OF ZIMBABWE versus CATHERINE SEPE

Harare High Court · HH 280-11 · 09 2011

The first plaintiff and the defendant are husband and wife respectively. They married each other in terms of the Marriage Act [Cap 5:11] at Harare in April 1998. Hitherto the parties had contracted a customary law union. The second plaintiff…

JANE CONSTANCE MARUMAHOKO and CLIFFORD DANIEL GOREMUSANDU and GRACE CHUMA SANDE

Harare High Court · HH 203-11 · 09 2011

This civil trial involved the double sale of an immovable property. It would appear that the two ladies, the plaintiff and the second defendant, were victims of the fraudulent activities of the first respondent (hereinafter called Goremusandu). To make things…

STANFORD MATSAPA versus THE STATE

Harare High Court · HH 190-11 · 09 2011

The accused was convicted after contest of raping his friend’s 13 year old sister on 18 October 2008. He was allegedly caught red handed having sexual intercourse with her by the child’s stepfather. The complainant had allegedly had previous sexual…