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 male adult residing at Number W629 Amaveni, Kwekwe. This property is registered in the name of the late Joseph Patrick Taremba under Deed of Transfer No. 1182/05.
After the death of his late father applicant attempted to evict respondent from the said property to no avail. More
1. On the 21st February 2017, plaintiff sued out a summons against 1stdefendant which was later amended by consent to join 2nd defendant. Plaintiff claims transfer of stand number 9795 Glen View held under Deed of Transfer 3386/2015 (stand) from the names of the 1st and 2nd defendants into his name; eviction of 1st defendant and all those claiming occupation through her; rentals in the sum of USD$500.00 per month from the date of summons to the date of eviction and costs of suit. More
On November 2021 Wisdom Chinongwa, applicant’s driver was arrested near Mary Mount Teachers College conveying smuggled goods. He and the owner of the goods were prosecuted, convicted and sentenced. The goods and the motor vehicle were seized. Wisdom Chinongwa and applicant made representations to Zimra officials for the release of the motor vehicle but did not succeed. On 23 February 2022 the Commissioner General advised applicant of the forfeiture of the Toyota Granvia to the State. Aggrieved by that letter of forfeiture, applicant decided to lodge the application to this court. More
Michelle Osvaldo Filannino (“Michelle”) who holds 70% share in Harare Produce Sales (Pvt) Ltd (“HPS or “the Company”) and Theresa Grimmel (“Theresa”), the judicial manager of the company, have been at each other’s throats for over three consecutive years. The dispute which exists between them started in 2018 to date.
He applies for removal of Theresa from the position of judicial manager of the company. She opposes his application and she applies for liquidation of the company. He opposes her application and he applies for placement of a caveat on the tittle deed of the property which must be transferred... More
: On 24 October 2003 the then Minister of Lands, Agriculture and Rural Resettlement, Honourable Dr J. M. Made (MP) issued an offer letter to the appellant for Subdivision 11 of Coldstream Farm, in Makoni District of Manicaland Province measuring 53 hectares in extent. Attached to the offer letter were conditions generally applying to the offer of land under the Zimbabwe Land Reform and Resettlement programme (Phase 11, Model A2 Scheme).
On 25 September 2008 appellant and respondent entered into a swap agreement where the appellant swapped Subdivision 11 of Cold Stream Headlands. It is not clear as to the... More
This is an application sui generis. The facts of the matter are briefly as follows. Respondent was employed by the applicant. Following allegations of misconduct, respondent was brought before a disciplinary committee which found him guilty and recommended his dismissal. The matter was later referred to arbitration and finally ended up at the Labour Court. Respondent’s dismissal was upheld. It should be noted that since the dismissal of the matter at the Labour Court sitting at Gweru, respondent has approached the High Court and the Labour Court with various applications. This is the reason why applicant has approached this Court... More
The application is one for summary judgment. It has its genesis in a contract which the applicant and the first respondent concluded in October, 2016. More
On 14 February 2017 after hearing both counsels and having considered the written submissions in the record we dismissed the appeal with costs. We gave an ex tempore judgment. On 2 May 2017 we were requested to avail written reasons for our disposition. More
The late Chief Nemangwe of Gokwe district of the Midlands province, Peter Muchabeta (the 1st respondent) died on 20 July 2023. He died of natural causes. Before his demise, however, he was locked in this present a legal dispute with the applicant with the latter claiming that he (i.e. 1st respondent) had been improperly and un-procedurally appointed to that position. The applicant seeks an order setting aside the 1st respondent’s recommendation by the relevant statutory functionaries for appointment to that position leading to a fresh selection process for the Nemangwe Chieftainship. The applicant’s main gripe with the process leading up... More
After hearing argument from counsel I upheld the special plea, stayed these proceedings and referred the parties to arbitration.
These are my reasons for the judgment.
The plaintiff, on the basis of a cancelled written agreement which had been entered into between the parties on 8 December 2013 at Harare issued summons against the defendant. Summons was issued on 29 November 2016. More
This is an appeal against the entire judgment of the High Court which dismissed with costs the appellant’s claim for damages for breach of contract in the agreed sum of US$22 000.00. More
Plaintiff, Mike Belinsky, (“Belinsky”) was driving his Cherokee Jeep in the inner lane eastwards along Paisley Road towards ZBC complex in Mbare. Two lanes are on each side of this road. Beside him was a commuter omnibus belonging to Tonderayi Chipere, (“Chipere”) the defendant. There appeared ahead both of them a road block manned by officers of the Vehicle Inspection Department. Suddenly the commuter omnibus driver swung to his right colliding into Belinsky’s Jeep. Belinsky holds Chipere liable as owner of thus bus for the cost of repairs to his Jeep. Chipere denies liability on the basis that the driver... More
