MICHAEL TAREMBA (in his capacity as Executor in the Estate of the late Joseph Patrick Taremba) versus NYADA PHIRI

Harare High Court · HH 153-11 · 07 2011

The applicant is the son of the late Joseph Patrick Taremba who died on 24 December, 2004 at Mutare. Applicant was duly appointed Executor Dative in the estate late Joseph Patrick Taremba on 15 October 2009. The respondent is a…

RECOY INVESTEMNTS (PVT) LTD versus TARCON (PVT) LTD

Harare High Court · HH 159-11 · 07 2011

The applicant has approached this court for an order in the following terms:- 1. It is declared that the lease agreement between the applicant and respondent dated 16 April 2007 in respect of 5 Martin Drive Msasa does not confer…

BEKITEMBA LENKOSI DUBE versus LIZZY DUBE nee SOKO

Harare High Court · HH 176-11 · 07 2011

On 9 September 2009 the plaintiff issued summons out of this court seeking a decree of divorce on the basis of irretrievable breakdown custody of the two minor children, an order of sharing matrimonial property and that each party bears…

THE STATE versus CHAITA THOMPSON

Harare High Court · HH181-13 · 07 2011

On 5 November 2010 the accused was driving a Toyota Hiace mini bus commonly referred to as a Combi along the Harare – Bulawayo Road towards Bulawayo. Such vehicles are notoriously used as public service motor vehicle for hire or…

CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LTD versus JOSE VIERA and LOUIS VIERA

Harare High Court · HH 172-11 · 07 2011

In November, 2004, the respondents as owners of the applicant sold the assets and goodwill of applicant to Construction Resources Africa, a company duly represented by Danny Musukuma. There were various terms and conditions pertaining to the sale of the…

ZEKIAS ZIUNYE and BONNIE CHIBUNDO and MAJOR MUTERO and SAMUEL KWINDIMA and LLOYD KAMURIWO and TAKURA MHUNGU and ARTHUR MHUNGU and TENDEZA NYARUMBE and TOGAREPI CHIKOTERA and MISTAKE CHINOFURA and STANFORD MASANGUDZA versus THE STATE

Harare High Court · HH 157-11 · 07 2011

The 11 applicants were arrested on 14 April 2011 on allegations of politically motivated public violence in contravention of s 36 (1) (b) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The accused are alleged to have severely…

JOHNSON SHAMUYARIRA versus EDMORE MUVENGWA and JANE NYANGONI

Harare High Court · HH 161-11 · 07 2011

This appeal is totally devoid of any merit. The appellant is aggrieved by the decision of the court a quoin granting an interpleader application in favour of the second respondent. The appellant had entered into an agreement with the first…

TAFIREYI NYIKADZINO versus JOHN CAMERON ASHER and MINISTER OF LANDS & RURAL RESETTLEMENT and THE DEPUTY SHERIFFF

Harare High Court · HH 174-11 · 07 2011

On 12 June, 2007 the applicant was lawfully offered by way of an offer letter subdivision 8 of Welston Farm. Prior to its acquisition by the second respondent the farm used to belong to first respondent. Despite the gazetting of…

MAUYANEI MANDEBVU versus THE STATE

Harare High Court · HH 96-11 · 07 2011

The appellant was convicted of two counts of contravening s 65 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He was sentenced to sixteen years imprisonment of which four years imprisonment were suspended on condition of good…

NOMUHLE SITHOLE (NEE MADONGO) versus JONATHAN SIMBARASHE SITHOLE

Harare High Court · HH 155-11 · 07 2011

The parties married each other in Harare on 14 December 1991 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with two children, namely Simbarashe Sithole born on 5 September 1992 (now a major) and Mutsawashe Unalina…

ECONET WIRELESS (PRIVATE) LIMITED versus RENAISSANCE FINANCIAL HOLDINGS LIMITED and REGGIE FRANCIS SARUCHERA (in his Capacity as the Curator of RENNAISSANCE MERCHANT BANK LIMITED

Harare High Court · HH 150-11 · 07 2011

The applicant filed this urgent chamber application seeking a Provisional Order in the following terms as amended. TERMS OF FINAL ORDER SOUGHT “1. In the event of the respondents failing to discharge all of their obligations towards the applicant, including…

(1) PUNGWE CHIMURENGA HOUSING COOPERATIVE versus JETMASTER PROPERTIES (PVT) LTD and DEPUTY SHERIFF HC 5566/11 (2) TENDAI CHITIMBE and SHEPHERED CHIPIDZA And NANISAYI CHIMUSORO and FARIRAYI CHIFAMBA and SEKAI CHIKETA versus JETMASTER PROPERTIES (PVT) LTD and THE DEPUTY SHERIFF HC 5584/11

Harare High Court · HH 199-12 · 07 2011

The above matters have been consolidated in the interest of and at the behest of the parties. In this judgment I shall refer to the application under case number HC 5566/11 as “the first case” and the application under case…

CHENESAI RATEIWA versus TSITSI SHAME VENGE

Harare High Court · HH 152-11 · 07 2011

: For purposes of this judgment I will refer to the applicant as the plaintiff and to the respondent as the defendant. The plaintiff issued summons out of this court seeking adultery damages of $20 000-00 (twenty thousand dollars) and…

59 BENEFICIARIES OF VALLEY LANE HOUSING SCHEME versus HARARE MUNICIPAL WORKERS UNION and CITY OF HARARE and DIRECTOR OF HOUSING AND SOCIAL SERVICES and CITY VALUER AND ESTATES MANAGER and TOWN CLERK and MINISTER OF LOCAL GOVERNMENT and DEPUTY SHERIFF

Harare High Court · HH 140-11 · 07 2011

On 8 March 2011 I dismissed this application on the ground that it was not properly before the court. The legal practitioners for the second to fifth respondents has since written requesting for reasons for my ruling. These are they:…

ALBAN GERARD BOWERS v SHARIFFA PRECIOUS BOWERS

Supreme Court · SC 11-2018 · 07 2011

This is an appeal against the entire judgment of the High Court of Harare handed down on 25 August 2016. At the end of hearing in this matter we dismissed the appeal with costs and indicated that the reasons would…

MAXWELL NYAKODZWE versus JOYCE BIDI

Harare High Court · HH 151-11 · 07 2011

The plaintiff and the defendant who are husband and wife respectively married each other in terms of the Marriage Act [Cap 5:11] at Harare on 22 March 2007. Hitherto the plaintiff and defendant had entered into a customary law union…

THE STATE versus BLESSING MUNJOMA

Harare High Court · HH 145-11 · 07 2011

The accused pleaded not guilty to a charge of contravening section 47 of the Criminal Law (Codification & Reform) Act [Cap 9:23]. He is alleged to have stabbed the deceased with a sharp object under the armpit leading to his…

DAVID MUYAMBO versus JOHN NGOMAIKARIRA and RICHARD MASHAMBA and RAY MAVHEYA and ROGER WHITTAL and COMMISSIONER-GENERAL OF POLICE and MINISTER OF HOME AFFAIRS

Harare High Court · HH 138-11 · 07 2011

The plaintiff in this matter claims general damages for malicious arrest and detention as well as special damages in respect of his motor vehicle. His original claim was for a total sum of US$60,860 but this amount was reduced to…

THE STATE versus C F (A JUVENILE)

Harare High Court · HH 143-11 · 07 2011

This review judgment deals with the issue of whether under s 70 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23], a male young person can be competently convicted of engaging in extra-marital sexual intercourse with a…

THE STATE versus MAXWELL MAPANZURE and KILLION MUWUYA

Harare High Court · HH 141-11 · 07 2011

The present review judgment deals with the issue of whether s114 (2)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] has retrospective effect. The section first appeared in the present format as s 12A of the Stock Theft…