AFROCHINE SMELTING (PVT) LTD versus ZIMBABWE REVENUE AUTHORITY

Harare High Court · HH 562-24 · 11 2024

This is an urgent chamber application for an interim interdict and a declarator made in terms of s 14 of the High Court Act. The provisional order sought is set out as follows: “TERMS OF FINAL ORDER SOUGHT 1. The…

JOSHUA KACHASU and SUNNINGDALE 2 MEDICAL CENTRE

Harare High Court · HH 564-24 · 11 2024

This is a court application for summary judgment in terms of Rule 30(1)(2) of the High Court Rule 2021. BACKGROUND FACTS Applicant was employed by the respondent. The latter terminated the contract of employment. Applicant was aggrieved and he filed…

BINDURA UNIVERSITY OF SCIENCE EDUCATION versus AMTEC (PRIVATE) LIMITED t/a AMTEC MOTORS

Harare High Court · HH 560-24 · 11 2024

This is a special case in terms of 52 of the High Court Rules, 2021. On 26 November 2018 the plaintiff sued out a summons seeking an order to compel the defendant to deliver to it a Nissan Urvan NV…

FELICITY MAINGENI MATAKA and TINOTENDA ISAAC MATAKA and TADIWANASHE IVY MATAKA versus REUBEN MATAKA and SIKHUMBUZO MPOFU N.O and MASTER OF THE HIGH COURT

Harare High Court · HH 556 - 24 · 11 2024

ZHOU J: This is a court application to dispose of a minor’s share in the immovable property known as stand number 156 Monavale Township of Mayfield Estate measuring 999 square metres held under Deed of Transfer number 4186/2010.

VIMBAI MUKARO versus AMALGAMATED HEALTH SERVICES (PVT) LTD t/a MORTACAMP INVESTMENTS (PVT) LTD DAVID MUKARO versus AMALGAMATED HEALTH SERVICES (PVT) LTD t/a MORTACAMP INVESTMENTS (PVT) LTD

Harare High Court · HH 558-24 · 11 2024

This is a special plea filed in terms of r 42 of the High Court Rules, 2021. The defendant seeks the dismissal of the plaintiffs’ claims without going into the merits of the cases.

MATTHEW TANGENHAMO CHITAKUNYE Versus MASTER OF THE HIGH COURT N.O And CLAUDIOUS NHEMWA N.O (In his official capacity as Corporate Rescue Practitioner of Frozenburg (Pvt) Ltd (under corporate rescue)) And FROZENBURG (PVT) LTD

Harare High Court · HH 549-24 · 11 2024

The procedural overburden which suffocated resuscitation of distressed companies under Zimbabwe`s old Insolvency Act [Chapter 6:04] and Companies Act [ Chapter 24:03] was articulated by MALABA CJ in Metallon Gold Zimbabwe (Pvt) Ltd & 3 Ors v Shatirwa Investments (Pvt)…

NASHCRYSTAL MOTORS (PRIVATE) LIMITED versus TOTAL ZIMBABWE (PRIAVTE) LIMITED and DRAWCARD ENTRPRISES (PRIVATE) LIMITED

High Court of Mutare · HMT 55-24 · 11 2024

The third defendant then requested for reasons for the postponement. These were my reasons. On 23 October 2024 plaintiff’s counsel of record wrote to the Deputy Registrar, Mutare advising of plaintiff’s intention to make an application on the hearing date,…

THE STATE Versus NTANDO NYATHI And CREGY NCUBE And THABANI NCUBE And SIPHEPHILE NCUBE And SILUNGILE NCUBE

Bulawayo High Court · HB-149-24;HCBCR-898-24 · 11 2024

This is an application for a discharge in terms of s 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP & E Act”). The accused are charged with the crime of murder as defined in section 47…

THE STATE Versus NTANDO NYATHI And CREGY NCUBE And THABANI NCUBE And SIPHEPHILE NCUBE And SILUNGILE NCUBE

Bulawayo High Court · HB-150-24;HCBCR-898-24 · 11 2024

The accused are charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that on 5 June 2017 the accused persons wrongfully, unlawfully…

THE STATE Versus CLEMENCE CHIKAZHI

Chinhoyi High Court · HCC 87-24 · 11 2024

The accused pleaded not guilty to the charge of murder as defined in s47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter9: 23], “the Criminal Law Code”. Factual Background The allegations in the State’s summary are that…

NHAKA TRANSPORT AND LOGISTICS (PRIVATE) LIMITED versus THE HEADMASTER OF NJUBE HIGH SCHOOL N.O (1) and THE MINISTER OF PRIMARY AND SECONDARY EDUCATION N.O (2) and PROCUREMENT AND REGULATORY AUTHORITY OF ZIMBABWE (3) and THE VICE PRESIDENT OF ZIMBABWE N.O (4) and THE MINISTER OF FINANCE, ECONOMIC DEVELOPMENT AND INVESTMENT PROMOTION N.O (5) and VORDIM TRADING (PRIVATE) LIMITED (6)

Harare High Court · HH 553 - 24 · 11 2024

DEMBURE J: This is an application for the confirmation of a provisional order issued by this court, per CHIVAYO J on 2 August 2024. The terms of the provisional order granted were as follows: “INTERIM RELIEF GRANTED Pending determination of…

WOMEN IN LAW IN SOUTHERN AFRICA, TALENT FORGET versus MINISTER OF HEALTH AND CHILD CARE and THE PARLIAMENT OF THE REPUBLIC OF ZIMBABWE AND THE ATTORNEY GENERAL OF ZIMBABWE

Harare High Court · HH 552-24 · 11 2024

Termination of pregnancy in Zimbabwe is controlled by statute. This is a constitutional application in respect of which the applicants seek to persuade the court to outlaw or read in to the definition of “unlawful intercourse” contained in s 2(1)…

CHROMEBASE MINING COMPANY (PRIVATE) LIMITED versus BELL EQUIPMENT COMPANY SA (PTY) LIMITED and SHERIFF OF THE HIGH COURT OF ZIMBABWE

Harare High Court · HH 551-24 · 11 2024

This urgent chamber application is for the stay of execution of an order of this court granted on 9 October 2024 in HC 4048/24 in favour of the first respondent on the unopposed motion roll. The order was granted in…

TARIRO LEBOGANG MUTENDA versus UPENYU IGNOSTIOUS PROSPER MASHANGWA and THE MASHANGWA TRUST and DAVIDSON BRIGHTON CHIROMBO N.O and HARRICANOS HENRY MAUNGANIDZE N.O and REGISTRAR OF DEEDS N.O and JEMINA GUMBO N.O

Harare High Court · HH 548-24 · 11 2024

The application before me is for confirmation of a final order following the granting of a provisional order which was as follows: 1. The first respondent be and is hereby interdicted from disposing of Stand 655 Borrowdale Brooke Township of…

TIMOTHY TENDAI MYAMBO versus PATHACRES (PRIVATE) LIMITED

High Court of Mutare · HMT 56-24 · 11 2024

The plaintiff issued summons against the defendant seeking a declaratur that the sale agreement for land between the parties was valid and binding with the consequential relief that defendant be interdicted from selling Lot 18, 19, 20, 21 and 38…

(1) ELIAS MUDENDA (2) AGRIPPA MLOYI v THE STATE

Supreme Court · SC 29-25 · 11 2024

1. This is an appeal against the whole judgment of the High Court of Zimbabwe (“the court a quo”), sitting as an appellate court at Bulawayo, dated 21 June 2018. The appellants appeal against the dismissal, by the court a…

NORRIS TRUST HC 1141/09 Versus MERCY MUZONDIWA (nee MHAKA) (2) MERCY MUZONDIWA (nee MHAKA) HC 256/19 Versus NORRIS TRUST And ESTATE LATE IRENE HELEN GERTENBACH And GARY GERTENBACH And REGISTRAR OF DEEDS And MASTER OF HIGH COURT

Bulawayo High Court · HB-166-24 · 11 2024

These two matters were consolidated following an application made by defendant in HC 1141/09 and plaintiff in HC 2256/19. For ease of reference I will refer to the plaintiff in HC 1141/09 as “the Trust” and defendant in HC 1141/09…

THE SHERIFF OF THE HIGH COURT And MANGEZI MAIDEI And EUROAFRICA RESOURCES (PVT) LTD

High Court of Bulawayo · HB-167-24; HCBC-2115-23 · 11 2024

These are interpleader proceedings in which the property attached by the judgment creditor to satisfy a debt owed by the judgment debtor was claimed by the claimant. The background facts are these: The judgment creditor obtained judgment under HC HC…

MOSES JUNIOR ROSS MAKIWA Versus JOYLEEN TATSIDZA MAKIWA

High Court of Bulawayo · HB-168-24; HC-2120-22 · 11 2024

The applicant and respondent were married until 19 May 2022 when their marriage was dissolved in a divorce order granted by TAKUVA J. That order provided the following, inter alia, in paragraph 3 thereof: “House No. 1449 Mahatshula North Bulawayo…

BANKET TRADING COMPANY (PRIVATE) LIMITED versus CHIPO CHIKWENGA

Harare High Court · HH 538-24 · 11 2024

This matter was heard on 5 November 2024. I issued an order in terms of which I upheld the respondent’s point in limine that the applicant’s claim had prescribed and consequently, dismissed this application with costs. I gave brief reasons…