and JACOBUS JOHANNES OOSTHUYSEN and RICHARD GRAVETT OOSTHUYSEN and PHILLIP CHARLES ALEXANDER OOSTHUYSEN and SOPHIA OOSTHUYSEN versus THE MINISTER OF STATE (for National Security, Land Reform and Resettlement) and FREDERICK SHAVA and SENATOR SHADDY SAI and THE COMMISSIONER OF POLICE N.O. and THE OFFICER IN CHARGE ZRP POLICE Kwekwe Rural N. O. and THE PROVINCIAL MAGISTRATE E A Kadye and THE PROVICIAL MAGISTRATE C. Mudzongachisvo and THE DEPUTY SHERIFF N. O. and THE ATTORNEY GENERAL N. O.

Harare High Court · HH 68-06 · 06 2006

On 22nd May 2006 I issued a Provisional Order in favour of the applicants. I have now been requested to furnish reasons for judgment by the second and third respondents. These are they. This matter was initially set down for…

NOLLEN KAWADZA versus THE STATE

Harare High Court · HH 77-06 · 06 2006

At the hearing of this application, I dismissed the application and gave brief reasons for my decision. The applicant has now indicated an intention to seek leave to appeal against that decision. What follows are my brief reasons for that…

TELECEL ZIMBABWE (PVT) LTD versus THE STATE

Harare High Court · HH 55-06 · 05 2006

This is an appeal against the mandatory minimum sentence of $374 251 198-00, which was equal to the value of the foreign currency that the appellant dealt in without the approval of the regulatory authority, that was imposed by the…

SIMBARASHE MOYO versus THE STATE

Harare High Court · HH 48-06 · 05 2006

The appellant in this case was convicted by the Magistrate, Gokwe of assault with intent to do grievous bodily harm on 19 March 2002. The record of the proceedings shows that the accused pleaded guilty. Following his conviction the appellant…

LUCY MUNETSI versus MUNJODZI JARAVANI and NURSE JARAVANI

Harare High Court · HH 44-06 · 05 2006

This matter commenced by way of application. In the application the plaintiff sought an order directing the two defendants (“the defendants”) to hand over the registration book of a Datsun Bluebird motor vehicle Registration number 400-802D and to sign all…

SONILE KULINJI versus THE MINISTER OF DEFENCE

Harare High Court · HH 40-06 · 05 2006

The plaintiff in this matter seeks payment of the sum $25 million being damages for pain and suffering and contumelia arising out of an assault she alleges was perpetrated upon her person by members of the Zimbabwe National Army. The…

THE STATE versus MUNETSI KADZINGA

Harare High Court · HH 61-06 · 05 2006

The accused is charged with the murder of a farmer, Charles Anderson, on the 2nd of June 2002 at Norfolk Farm, by shooting him in the head with an AK rifle. The accused denies shooting the deceased and states that…

COURTESEY CONNECTION (PVT) LTD and STANLEY MTETWA versus DAVID MUPAMHADZI

Harare High Court · HH 63-06 · 05 2006

On 1 September 2004, one C A. Banda, acting as an arbitrator between the above parties, made available his award in which he upheld the agreement of sale and construction between the parties. In his award, he ordered the applicants…

SERE (PRIVATE) LIMITED versus HIPPO VALLEY ESTATES LIMITED and ERNEST & ASHTON HC 8001/03 2. HIPPO VALLEY ESTATES LIMITED versus CHIWENGA ESTATES (PRIVATE) LIMITED & 4 OTHERS HC 5830/03 and BON ESPOIR (PRIVATE) LIMITED and O MATAMBA HC 6318/03 and BON ESPOIR (PRIVATE) LIMITED and CCHITIMA HC 5796/03 3. TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED versus ER HARRISON and 4 OTHERS HC 10028/03 and 4. HIPPO VALLEY ESTATES LIMITED versus CHIREDZI NOMINEES (PRIVATE) LIMITED & 22 OTHERS HC 5831/03 and CHIREDZI RANCHING CO. (PRIVATE) LIMITED & 8 OTHERS HC 5821/03 and CHIREDZI RANCHING COMPANY (PRIVATE) LIMITED & 2 OTHERS HC 6311/03 and DENHARII (PRIVATE) LIMITED & 4 OTHERS HC 5804/03 and LYNDHURST ESTATE (PRIVATE LIMITED and 2 OTHERS HC 6321/03 and L.T. ENGELS (PRIVATE) LIMITED and 2 OTHERS HC 6320/03 and RIO ENTERPRISES & 5 OTHERS HC 5811/03 and MARATHAN ESTATES (PRIVATE) LIMITED & 3 OTHERS HC 5806/03 and MAPANZA ESTATES (PRIVATE) LIMITED & 32 OTHERS HC 5823/03 and KWAINGWE FARMS (PRIVATE) LIMITED and 10 OTHERS HC 5824/03 and ESPERANCE ESTATE LIMITED and PATRICK M SIBANDA HC 5805/03 and FANTAISE FARMS (PRIVATE) LIMITED & 18 OTHERS HC 5794/03

Harare High Court · HH 57-06 · 05 2006

The applicant Hippo Valley Estates Limited is a Sugar Cane Miller obliged by law to accept sugar cane from growers for milling at its mills. The first respondent in almost all the cases owned farms or settlements on which the…

JOYCE MWACHINDUKA PLAINTIFF and MINISTER OF HOME AFFAIRS FIRST DEFENDANT and POLICE COMMISSIONER SECOND DEFENDANT and MINISTER OF DEFENCE THIRD DEFENDANT and COMMANDER OF ARMY FOURTH DEFENDANT

Harare High Court · HH 56-06 · 05 2006

On the 8th August 2001, Plaintiff’s husband Samuel Masiyatsva, died in a shooting incident involving the police and army officers who had been called to deal with industrial action involving employees of a company called Zimbabwe Iron and Steel Company…

PETER MICHAEL HITSCHMANN versus THE STATE

Harare High Court · HH 54-06 · 05 2006

The applicant Peter Michael Hitschmann is a registered firearms dealer based in Mutare, residing at 33 Arcadia Road, Tiger Kloof. On the 6th of March 2006 police acting on information searched the applicant’s residence. As a result of the search…

OLD MUTUAL PROPERTY INVESTMENTS versus METRO INTERNATIONAL (PRIVATE) LIMITED and THOMAS MEIKLES CENTRE (PRIVATE) LIMITED

Harare High Court · HH 53-06 · 05 2006

This is an application for a declaratur on the meaning of the word “supermarket” in the context of two lease agreements entered into between the applicant and the two respondents in respect of premises demised within the Westgate Shopping Complex…

PAMBANA KUDAKWASHE versus MUZIRA MATHIAS and CHITUNGWIZA MUNICIPAL COUNCIL and BLANDINA DZIVA

Harare High Court · HH 52-06 · 05 2006

This is an application for an order evicting the 1st respondent from Stand No. 15724, Unit “P” Seke, Chitungwiza, and all others claiming rights of occupation in the stand. The applicant also seeks cession of the 1st respondent’s rights, interests…

CORONSEL INVESTMENTS (PRIVATE) LIMITED versus SPAR HARARE (PVT) LTD T/A ARUNDEL VILLAGE SPAR

Harare High Court · HH 51-06 · 05 2006

Applicant is claiming from respondent payment of $255 689 400 for goods delivered to respondent. Applicant has averred that on 30 August 2005, following telephonic communication with one Bernard, respondent’s employee, it provided a quotation for 200 rolls of thermal…

SHADRECK VERA versus IMPERIAL ASSET MANAGEMNT COMPANY

Harare High Court · HH 50-06 · 04 2006

“ Heads of argument referred to in subrule (2) shall be filed by the respondent’s legal practitioner not more than ten days after the heads of argument of the applicant or excipient, as the case may be, were delivered to…

RUTENDO MUNENGAMI versus MINISTER OF DEFENCE

Harare High Court · HH 45-06 · 04 2006

The plaintiff in this matter claims payment in the sum of $8,150,000.00 by way of damages sustained by her arising from an assault allegedly perpetrated by members of the Zimbabwe National Army on the 4th of June 2003 in Glenview,…

ZIMBABWE DEVELOPMENT BANK versus NAGA SALONS and NYARAI CHIWAURA and BETTY CHIWAURA

Harare High Court · HH 43-06 · 04 2006

The plaintiff, the Zimbabwe Development Bank, hereinafter referred to as the bank, issued summons out of this court on 17 December 2004 seeking, against the three defendants jointly and severally, the one paying the others to be absolved, payment of…

MARBLE SPEC ENTERPRISES versus DANISH SHAYAMANO and NGARA N.O

Harare High Court · HH-111-05 · 03 2006

Applicant is a juristic person. It cannot bring a claim in the Small Claims Court. It however can be dragged to that Court as a defendant or respondent in terms of section 6 of the Small Claims Act [Chapter 7:12].…

KENNEDY MASVAURE versus THE STATE

Harare High Court · HH-112-05 · 03 2006

This is an application by an accused in a criminal trial for a review of the decision of the Magistrate sitting at Harare dismissing his application to alter his plea from guilty to not guilty after verdict. The accused had…

ELIZABETH MUSAVENGANA and KUDAKWASHE CHIKWARA (In his capacity as the Executor Dative of the Estate Late Rebecca Derera) versus SHEPHARD MUFUDZI CHIRISA and AUDREY MUFUDZA and BEVERLEY BUILDING SOCIETY and REGISTRAR OF DEEDS

Harare High Court · HH 35-06 · 03 2006

The first plaintiff’s name is Elizabeth Musavengana and not Rebecca Musavengana as was wrongly perpetuated in the pleadings in this matter, while the deceased who was represented by Kudakwashe Chikwara (the 2nd plaintiff) was during her life time called Rebecca…