MSUL | Midlands State University Library

Court Judgements

Browse all Court Judgements

APATRON MINING (PRIVATE) LIMITED AND VUSUMUZI OSFAEL MAZIBUKO VERSUS JOSPHAT KUDUMBA AND ELLIOT MUSWITA AND FINGER TAPERA AND HEADMAN MHIZHA AND PETER MUDHUMO AND RAFAEL SHOKO AND SOLOMON NDLOVU AND HAIGWARI SAFARIS (PRIVATE) LIMITED AND DIRECTOR GENERAL ZIMBABWE PARKS AND WILDLIFE MANAGEMENT AUTHORITY N.O AND MINISTER OF ENVIRONMENT, TOURISM AND HOSPITALITY N.O (2021-04-21)

This is an application to declare invalid the proceedings instituted by the 1st to 8th Respondents undercover of case number HC 1057/19 and the order obtained in default on the 23rd July 2019, unlawful and illegal. Consequently relief is sought to the effect that the 2nd Applicant be reinstated on the property called Munjungwe Conservancy. More

APATRON MINING (PVT) LTD VERSUS EMMERSON DAMBUDZO MNANGAGWA N.O (IN HIS CAPACITY AS THE COMMANDER-IN-CHIEF OF THE DEFENCE FORCES) AND PHILLIP VALERIO SIBANDA N.O (IN HIS CAPACITY AS THE COMMANDER OF THE ZIMBABWE DEFENCE FORCES) AND OPPAH MUCHINGURI N.O (IN HER CAPACITY AS THE MINISTER OF DEFENCE FORCES) AND MACDUFF MADENGA N.O (IN HIS CAPACITY AS THE SHERIFF OF ZIMBABWE) AND TONDERAI TSUNGA N.O (IN HIS CAPACITY AS THE ADDITIONAL SHERIFF MASVINGO) AND JOSPHAT KUDUMBA AND ELLIOT MUSWITA AND FINGER TAPERA AND HEADMAN MHIZHA AND PETER MUDHUMO AND RAFAEL SHOKO AND SOLOMON NDLOVU AND HAIGWARI SAFARIS (PVT) LTD AND DIRECTOR GENERAL, ZIMBABWE PARKS AND WILDLIFE MANAGEMENT AUTHORITY N.O AND MINISTER OF ENVIRONMENT AND TOURISIM AND HOSPITALITY N.O (2020-03-12)

This matter was set down before me in Motion Court on 12 March 2020. It is a court application for a declaratur. I ruled and ordered the following that; 1) The matter is opposed 2) The matter be removed from the roll of unopposed matters. 3) There be no order as to costs. Belatedly on 7 October 2020, I received a letter which had been erroneously filed in one of the many cases involving the parties and /or some of the parties in case No. HC 1375/20 being the case of Josphat Kudumba & 7 Others v Apatron Mining (Pvt)... More

APEX HOLDINGS (PRIVATE) LIMITED (IN LIQUIDATION) (2) REGGIE FRANCIS SARUCHERA N.O V VENETIAN BLINDS SPECIALISTS (2019-07-17)

This is an application that has been brought before this Court in terms of s 85 (1) (a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”). More

APEX PENSION FUND VERSUS APEX HOLDINGS (PRIVATE) LIMITED AND VENETIAN BLINDS SPECIALISTS LIMITED AND THE DEPUTY SHERIFF HARARE HIGH COURT OF ZIMBABWE ZHOU J HARARE, 30 APRIL 2013 (2013-04-30)

After hearing submissions from counsel representing the applicant and second respondent I dismissed the urgent chamber application in casu with costs. I gave brief reasons. I did indicate that my written reasons could be furnished upon request.The applicant through its legal practitioners has requested to be furnished with the written reasons. These are the reasons. More

APOSTOLIC EJUWELL JEKENISHENI CHURCH VERSUS THE INTERNATIONAL APOSTOLIC EJUWELL JEKENISHENI CHURCH AND BISHOP SHATIRWA MAFUKIDZE AND BAYISO CHAKANYUKA AND MUNETSI NGWENYA AND ANDREW MASHAMAIRE AND CHIEF ZIMUNYA AND MUTARE RURAL DISTRICT COUNCIL (2020-02-14)

In the plaintiff’s declaration, plaintiff is an Apostolic Ejuwell Jekenisheni Church, a religious and Christian Church. 1st defendant is The International Apostolic Ejuwell Jekenisheni Church, plaintiff describes 1st defendant as an off-shoot of the plaintiff. 2nd to 5th defendants are the church leaders of 1st defendant. 6th and 7th defendants were cited in their official capacities. Sometime in 2013 Bishop Elijah Dzingai Nyikambaranda formed 1st defendant constituted by 2nd-5th defendants as its co-leaders. 1st-5th defendants registered its own constitution and from the date of 1st defendant’s formation in 2013, plaintiff and 1st defendant existed as two distinct entities. More

APOSTOLIC FAITH MISSION IN ZIMBABWE VERSUS AMON NYIKA CHINYEMBA AND TUNGAMIRAI MUZANGAZA AND LOUIS ZHOYA AND EDWIN NHARIRE AND CLAYTON CHOGA AND TERERAI MUZA AND APOSTOLIC FAITH MISSION OF ZIMBABWE (2024-03-13)

The applicant Apostolic Faith Mission in Zimbabwe a church congregation pleading through a founding affidavit deposed to by one Amon Dubie Madawo who styled himself as the applicant’s elected president and also stated that the applicant is a common law universitas with power to sue and to be sued. The deponent president further deposed that the applicant was constituted in terms of a written constitution and regulations which inscribed its foundational values, confession of faith mission and governance structures. The applicant did not attach a copy of its written constitution and regulations and did not do so in the answering... More

APOSTOLIC FAITH MISSION IN ZIMBABWE (REGISTRATION CF220/01) VERSUS AMON DUBIE MADAWO AND CLEVER MUPAKAIDZA AND BRIAN TEMBO AND CHRISTOPHER CHEMURU AND APOSTOLIC FAITH MISSION IN ZIMBABWE AND THE REGISTRAR OF DEEDS, N.O. (2021-06-24)

DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 4th June 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 9th of June 2021. On the set down date, counsel for the applicant requested for a postponement to enable the fling of an answering affidavit. The postponement was granted and the matter was subsequently argued on 14th June 2021. More

APOSTOLIC FAITH MISSION IN ZIMBABWE AND KEFIAS MUJOKERI (2016-02-05)

This is an application for interim relief pending the finalisation of the appeal. Ms Mberi submitted that the applicant served the respondent with the notice of application on 11 September 2015 and proof of service was filed with the court. The respondent had not filed any response to the application. She further submitted that in the absence of such a response from the respondent, the court should grant the application. Ms Mberi further stated that the arbitrator had erred in holding that the matter had not prescribed and also in not finding that the respondent had repudiated his contract by... More

APOSTOLIC FAITH MISSION IN ZIMBABWE AND REVEREND A MADZIYIRE AND REVEREND T. T MUREFU N.O AND REVEREND A D MUNONYARA (MADAWO) AND REVEREND A CHINYEMBA AND REVEREND P MUHAMBA AND REVEREND S GANYAU AND REVEREND V DEVERA AND REVEREND A DALE AND REVEREND E NGWERE AND REVEREND M MASHUMBA AND REVEREND V JUNJIKA AND REVEREND GAYIHAI AND REVEREND M GUCHUTU AND REVEREND R SIBANDA AND REVEREND C MHAKA AND REVEREND S BUNZA AND REVERENCE C CHIYANGWA AND REVEREND B CHIZINGA AND REVEREND C MUPAKAIDZWA AND REVEREND B TEMBO AND REVEREND P MAUZI AND REVEREND S Z MATEKWE AND REVEREND N NHIRA (2017-10-18)

The applicants approached this court seeking a rescission of the judgment granted by this court on 23 November 2016 in HC 1791/16. The application is being made in terms of r 449 of the High Court Rules 1971. More

APOSTOLIC FAITH MISSION IN ZIMBABWE VERSUS APOSTOLIC FAITH MISSION OF ZIMBABWE AND COSSAM CHIANGWA AND APOSTOLIC FAITH MISSION IN ZIMBABWE (REGISTRATION NUMBER CF 221/01) (2021-07-01)

This is an urgent chamber application in terms of which the applicant seeks the following relief as set out in the provisional order:- More

APOSTOLIC FAITH MISSION IN ZIMBABWE VERSUS APOSTOLIC FAITH MISSION OF ZIMBABWE AND SOLOMON TOGARA AND PAUL HWERU AND FARAI MANYANYE (2022-10-20)

On 20 October 2022, I delivered the ex tempore judgment for interdict against the respondents. Essentially, the terms of the order are as prayed for in the Draft Order with the exception of two amendments effected to the relief sought. The first amendment was with respect to costs which I awarded against the respondents on an ordinary scale. The second amendment was to the effect that any attempt to access or use the property in question by the second to the fourth respondents must be with the consent of the applicant. The second to the fourth respondents subsequently requested for... More

APOSTOLIC FAITH MISSION IN ZIMBABWE VERSUS SIMON NYAHWEMA (2022-11-09)

This is a court application for eviction of the respondent and all those claiming occupation through him from applicant’s premises being described as Chizinga Assembly, Chizinga Shopping Centre, Mhondoro which premises the respondent is in unlawful occupation and possession. Historically and at all material times, applicant was the owner and remains the owner of a mission house and church building at Chizinga Assembly, Chizinga Shopping Centre, Mhondoro. Sometime in 2018 the church faced a leadership dispute which resulted in a legal battle between two factions. During this period the church witnessed a split which saw most of the Pastors either... More

APOSTOLIC FAITHMISSION IN ZIMBABWE VERSUS COSSAM CHIANGWA (2022-01-13)

Having obtained a spoliation order on the 10th of November2021 under HC 5549/21against dispossession of church premises by the respondent, the applicant sought leave to execute pending an appeal that has been lodged by the respondent against the granting of that order. The matter was set for hearing on the25th ofNovember2021 when the respondent requested to formally file a point in limine for consideration regarding referral of the matter to the Constitutional Court in terms ofs175(4) of the Constitution of Zimbabwe 2013.The request to file a formal application for consideration of referral of the matter to the Constitutional Court was... More

APPAH ZINGONI VERSUS THE STATE (2017-07-19)

At the conclusion of hearing the appeal we unanimously agreed to have the conviction set aside and the sentence quashed. The following are the reasons that informed the upholding of the appeal. More

APPELLANT APPEALED TO THIS COURT AGAINST HIS DISCHARGE FROM EMPLOYMENT BY RESPONDENT. THE GROUND OF APPEAL WAS WORDED AS FOLLOWS, “THE DECISION BY RESPONDENT TO UPHOLD MY DISCHARGE WAS MISPLACED BECAUSE IT WAS BASED ON A WRONG ADMISSION OF GUILTY WHICH WAS MADE AT THE BEHEST OF THE DISCIPLINARY COMMITTEE WHICH MISLED AND PRESSURISED THE RESPONDENT TO ADMIT WHAT HE HAD NOT DONE. THE ADMISSION DID NOT CONSIDER THE MITIGATORY ISSUES TENDERED BY THE APPELLANT.” IN ADDITION APPELLANT FILED HEADS OF ARGUMENT IN SUPPORT OF HIS APPEAL. THE HEADS DECLAIMED THUS, (2020-03-13)

On the 1st February 2019 Applicant filed an application in this Court for variation of judgment. Respondent filed opposing papers on the 6th February 2019. In due course the matter was set down for hearing. The matter emanates from this Court’s judgment referenced LC/H/504/18 dated the 2nd November 2018. That judgment ordered Respondent to pay Applicant an amount of $67,432-57 in respect of arrear salaries and benefits & damages in lieu reinstatement. More

Electronic Court judgements

Court Judgements