MSUL | Midlands State University Library

Court Judgements

Browse all Court Judgements

) INNSCOR AFRICA LIMITED (2) GERIBRAN SERVICES (PRIVATE) LIMITED V COMPETITION AND TARIFF COMMISSION (2018-01-25)

This is an appeal against the judgment of the High Court holding that a conglomerate is a “merger” as defined in terms of s 2 of the Competition Act [Chapter 14:28] (“the Act”) and, therefore, notifiable to the respondent in terms of s 3A of the Act if its value exceeded the statutory threshold. More

076638B EX CONSTABLE BLESSING MUHONI VERSUS THE COMMISSIONER GENERAL OF POLICE AND THE POLICE SERVICE COMMISSION (2018-10-25)

This is an application for condonation for late filing of an appeal. The application is opposed. The simple facts of this case are that applicant was a member of the Zimbabwe Republic Police “ZRP”. In 2015 he was convicted by the Magistrate for domestic violence. He was sentenced to perform community service of which he did. The applicant was later in October 2015 arraigned before a single trial officer for disciplinary hearing in terms of the Police Act. He was convicted and sentenced to pay a fine of $5. More

1) YUBIN LIN 2) REWAI GUTU V 1) BARBARA COOK 2) MASTER OF THE HIGH COURT N.O 3) REGISTRAR OF DEEDS 4) ALTON EDWARDS 5) ALISTAIR ABRAHAMS (2023-03-31)

This is an appeal against part of the judgment of the High Court (the court a quo) sitting at Harare, dated 26 May 2021 wherein the court a quo granted an application made by the first respondent for the registration of a foreign judgment emanating from the Business and Property Court of the United Kingdom and Wales as a judgment of the High Court of Zimbabwe, capable of execution within Zimbabwe. More

1) LESLEY FAYE MARSH PRIVATE LIMITED T/A PREMIER DIAMONDS 2) RAYDIAM BVBA 3) ZARDIAM DMCC THE NEE MILLENIUM POWER AND HEAVY EQUIPMENT ZIMBABWE PRIVATE LIMITED 4) JAMAL JOSEPH HAMED 5) NEOCLIS CHARITONOS 6) EXODUS FUELS PRIVATE LIMITED 7) BACKLODGE INVESTMENTS 8) INCHESTER INVESTMENTS PRIVATE LIMITED V AFRICAN BANKING CORPORATION OF ZIMBABWE PRIVATE LIMITED AND ABC HOLDINGS PRIVATE LIMITED (2019-02-15)

This is an appeal against the whole judgment of the High Court handed down on 31 March 2015, in which the court a quo dismissed the appellants’ application for rescission of judgment for want of prosecution. More

1) A.ADAM ANDCOMPANY (PRIVATE) LIMITED 2) SGI PROPERTIES (PRIVATE) LIMITED 3) HONOURABLE RETIRED JUSTICE SMITH V GOOD LIVING REAL ESTATE (PRIVATE) LIMITED (2021-05-14)

MAKONI JA: This is an appeal against the whole judgment of the High Court setting aside an arbitral award granted in favour of the appellants,on the basis that it was contrary to public policy as it was made in defiance of an extant court order. More

1) HC 904/22 THE SHERIFF FOR ZIMBABWE AND WILTON AND MAKS (PVT) LTD VERSUS EARLBAT INVESTMENTS (PVT) LTD T/A GIDZA CREDIT 2) HC 1080/22 THE SHERIFF FOR ZIMBABWE AND WELLINGTON MAKONESE VERSUS EARLBAT INVESTMENTS (PVT) LTD T/A GIDZA CREDIT 3) HC 1081/22 THE SHERIFF FOR ZIMBABWE AND FRANCIS BHUNU VERSUS EARLBAT INVESTMENTS (PVT) LTD T/A GIDZA CREDIT 4) HC 1082/22 THE SHERIFF FOR ZIMBABWE AND PETER KAPIRINGISHE VERSUS EARLBAT INVESTMENTS (PVT) LTD (JUDGMENT CREDITOR) T/A GIDZA CREDIT 5) HC 1083/22 THE SHERIFF FOR ZIMBABWE AND JON`S ENGINEERING (PVT) LTD VERSUS EARLBAT INVESTMENTS (PVT) LTD T/A GIDZA CREDIT (2023-03-15)

Five (5) different parties laid claim to various chattels seized by applicant (“the Sheriff”), in execution of a judgment in favour of the judgment creditor (“Gidza Credit”) against the judgment debtor referred herein as “Welli-Well”.The 5 different claims were consolidated and heard as one matter, issuing as they did from a judgment order of this court dated 3 January 2022 in HC 4098/20. Pursuant to that order, the Sheriff attached and uplifted an assortment of goods on 31 January 2022 at Welli-Well`s premises, being 499 Goodwin Road Willowvale Industrial, Harare. More

1) NYARAI MUDUNGWE AND WITNESS MUDUNGWE VERSUS RHODIAN PHOTO AND AROSUME PROPERTY DEVELOPMENT (PVT) LTD AND THE MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS 2) AROSUME PROPERTY DEVELOPMENT (PVT) LTD VERSUS RHODIAN PHOTO AND THE MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS AND WITNESS MUDUNGWE AND NYARAI MUDUNGWE (2022-11-07)

[1] This is a piecemeal judgment. For that and other reasons explained hereunder, the above remarks by CHITAPI J become quite relevant to the resolution of points in limine raised by first respondent, in this application for rescission of judgment. [ 2] The Learned Judge`s observations in Exavier Maoneke v Trustees of Mount Olive Trust (supra), are but a timely reminder that objections in limine, like all other responses by a litigant to its opponent`s case, must at all times be correctly packaged and raised at an appropriate stage in the litigation lifecycle. Much has been said in this court... More

1) ZEBEDIAH BANGAJENA 2) CLEOPATRA KOGA V 1) SILAS DANGAREMBIZI 2) ESTHERN’ANDU 3) C. V. MUZA 4) MASTER OF THE HIGH COURT 5) THE REGISTRAR OF DEEDS (2023-07-28)

The dispute in this case has to do with the estate of the late Margaret Kudyakwenzara who allegedly diedtestate at Harare on 14 June 2005 leaving a certain piece of immovable property known as Stand 1574 Kambuzuma Township measuring 293 square metres. Various persons havesince laid claim to the Stand posturing as the deceased’s closest relatives. More

1) WATERMOUNT ESTATES (PRIVATE) LIMITED (2) ONIAS ZIDANDA GUMBO V (1) CHRISTOPHER WESLEY TAKURA TANDE (2) TBIC INVESTMENTS (PRIVATE) LIMITED (3) EQUITY PROPERTIES (PRIVATE) LIMITED (4) ORION PROPERTIES (PRIVATE) LIMITED (2022-11-18)

This is an application for condonation of non-compliance with Rule 70 (2) coupled with an application for extension of time within which to apply for reinstatement of the appeal. More

1) ASSOCIATED MINE WORKERS UNION OF ZIMBABWE VERSUS ACTURUS MINE (PVT) LTD 2) ASSOCIATED MINE WORKERS UNION OF ZIMBABWE VERSUS METALLON GOLD ZIMBABWE T/A MAZOE MINE 3) ASSOCIATED MINE WORKERS UNION OF ZIMBABWE VERSUS METALLON GOLD ZIMBABWE T/A SHAMVA MINE 4) ASSOCIATED MINE WORKERS UNION OF ZIMBABWE VERSUS METALLON GOLD ZIMBABWE T/A HOW MINE 5) ASSOCIATED MINE WORKERS UNION OF ZIMBABWE VERSUS METALLON GOLD ZIMBABWE T/A REDWING MINE (2017-10-22)

The plaintiff, a trade union organisation, instituted summons in each of the five matters claiming for payment of trade union dues due to it in terms of a Collective Bargaining Agreement. The defendants in each of the cases raised a special plea of lack of jurisdiction averring that the collective bargaining agreement is a contract between an employer and employee and thus non-payment of trade union dues is a labour matter for which the High Court has no jurisdiction. More

1) CHARITY MANDIZHA APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT 2) MARSHAL JIMA APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT 3) PAULINE SITHOLE APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT 4) TALENT MANYENGAVANA APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT (2021-03-12)

This judgement relates to and addresses issues in the following cases Charity Mandizha vs C.E.O ZINARA LC/H/APP/136/20 Marshal Jima vs CEO ZINARA LC/H/APP/139/20 Pauline Sithole vs CEO ZINARA LC/H/APP/135/20 and Talent Manyengavana vs CEO ZINARA LC/H/APP/137/20. More

1) HC 6353/21 MISHECK GORORO AND GODTREV INVESTMENTS (PVT) LTD AND TAVAZIVA MUGADZA AND GODFREY NZUMA 2) HC 6649/21 GODFREY NZUMA VERSUS MISHECK GORORO AND TAVAZIVA MUGADZA AND GODTREV INVESTMENTS (PVT) LTD AND REGISTRAR OF COMPANIES N.O (2023-07-31)

The two matters HC 6353/21 and 6649/21 were consolidated with the consent of the parties. I invited the parties to file supplementary heads of argument addressing the opposition under HC 6649/21. More

1) SUNKO MAURITIUS (2) JUDEX BURNETT V (1) VERSAPAK HOLDINGS (PRIVATE) LIMITED (IN LIQUIDATION) (2) CECIL HONDO MADONDO N.O. (PROVISIONAL LIQUIDATOR OF VERSAPAK HOLDINGS PRIVATE) LIMITED (2022-01-18)

This is an appeal against the entire judgment of the High Court (the court a quo) which placed the first respondent in final liquidation. More

1. BRECKRIDGE INVESTMENTS (PVT) LTD HC 1380/20 VERSUS RIOZIM LIMITED AND NORTH RAND (PVT) LTD AND MINISTER OF MINES AND MINING DEVELOPMENT 2. BRECKRIDGE INVESTMENTS (PVT) LTD HC 1381/20 VERSUS RIOZIM LIMITED AND NORTH RAND (PVT) LTD AND SHERIFF OF THE HIGH COURT AND MINISTER OF MINES AND MINING DEVELOPMENT (2021-01-25)

This matter is a consolidation of two cases HC 1380/20 and HC 1381/20 the parties of which are the same. In both matters, rescission of judgment is being sought. In HC1380/20, the applicant seeks the following relief: 1. The rescission of the judgment in HC 4945/18. 2. The joinder of the Applicant in Case No. HC 4945/18 3. That the 1st Respondent serves the Applicant with a copy of the application and founding affidavit in HC 4945/18 within 4 days from the date of this order being granted. 4. That Applicant is granted 10 days within which to file its... More

1. CITY OF BULAWAYO HC 860/17 VERSUS MONTAQUE PETER STOLS AND MAXWELL SIBANDA 2. CITY OF BULAWAYO HC 861/17 VERSUS WALLACE TIMCOE AND MICHAEL TIMCOE AND CECIL TIMKOE AND KENNETH LUCKY JACKSON AND MAXWELL SIBANDA 3. BULAWAYO CITY COUNCIL HC 862/17 VERSUS LOUISE MILLER AND MAXWELL SIBANDA (2022-10-27)

1. These are three chamber applications which were consolidated in terms of rule 34 of the High Court Rules, 2021. The applicant seeks confirmation of provisional orders granted on the 3rd April 2022. The applications were filed in terms of section 5 of the Title Registration and derelict Lands Act [Chapter 20:20]. More

Electronic Court judgements

Court Judgements