On 2 September 2016, the High Court (MTSHIYA J) granted a provisional order in favour of the respondents in the following terms:-
“IT IS ORDERED THAT:
1. The 1st, 2nd and 3rd respondents and any person acting through them be and are hereby interdicted from infringing on the applicant’s Trademarks No. 1710/200 in Class 34 by using the name RG or any packaging likely to deceive or cause confusion on or in relation to any of the goods for which the marks are registered.
2. The 1st, 2nd and 3rd respondents and any person acting through them be and are... More
The first appellant is the Minister of Justice, Legal and Parliamentary Affairs,while the second appellant is the Attorney General.The respondent,Nyasha Chiramba ,is a law student who introduces himself as a firm believer in human rights.
Therespondentfiledaconstitutionalapplicationinthecourtaquoforamandamuscompellingtheappellantstocomplywiths106(3)oftheConstitutionofZimbabwe2013 [ “the Constitution”], by initiating the process of enacting the Act contemplated in the subsection. The respondent asserted locus standi to bring the application on the basis that he has an interest in enforcing compliance with the supreme law of the land. More
This is an appeal against part of the judgment of the High Court granting a spoliation order and other consequential relief in an application at the instance of a shareholder on behalf of a company. More
This is an application for condonation for the late filing of an appeal and extension of time within which to note an appeal. The application is made in terms of r 43 (3) as read with r 39 (4) of the Supreme Court Rules, 2018. More
The appellants in both cases averred in the court a quo that as of 4 June 2020 they were in peaceful and undisturbed possession of the property called Stand 856 Salisbury Township of Salisbury Lands, measuring 892 square meters, also known as No. 44 Nelson Mandela Avenue Harare, otherwise known as Harvest House. It is also known as Morgan Richard Tsvangirai House. The building consists of six floors all of which were occupied by officials and employees of the first appellant in HC 2811/20, a political party.
On the night of 4 June 2020 the appellants were dispossessed of these... More
This is an appeal against a judgment of the High Court, sitting at Harare, dated 31 May 2017 wherein the court granted absolution from the instance at the close of the plaintiff’s case. More
On 12 June 2014, in Judgement No. CCZ 2/14, this Court held that s 96 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] was inconsistent with the freedom of expression guaranteed by s 20(1) of the former Constitution. Furthermore, the Court found that the applicants had discharged the onus of showing that the impugned provision was not reasonably justifiable in a democratic society within the contemplation of s 20(2) of the Constitution. More
In early 2000, at the height of the land reform programme, the applicants and many others moved to occupy Heydon Farm on the outskirts of Harare. They proceeded to build family homes and to engage in agricultural activities. Subsequently the whole of Heydon Farm was compulsorily acquired by the State and a notice to that effect was published in the Government Gazette in terms of the Land Acquisition Act [Chapter 20:10]. Contrary to their expectations none of the occupiers were favoured with either offer letters, permits or lease agreements which documents would have regularised their stay at Heydon Farm. Instead... More
CHITAKUNYE AJA: This is an appeal against part of the judgment of the High Court of Zimbabwe handed down on 31 October 2018. In that judgment the court a quo granted the first appellant’s application but dismissed the applications by the other appellants. The applications were, inter alia, for declaration of the appellants’ citizenship status. This appeal initially pertained to those appellants whose applications were dismissed. More
CHITAKUNYE JA: This is an opposed chamber application for reinstatement of an appeal in terms of r 70 (2) of the Supreme Court Rules 2018. The intended appeal is against the whole judgment of the High Court sitting at Bulawayo handed down on 17 December 2020 in case number HC 1314/20 judgment number HB 12-21. More
This is an appeal against the whole judgment of the High Court which confirmed a provisional order that the first and second respondents had satisfied their judgment debt denominated in US Dollars by making payments in RTGs dollars converted at a bank rate of one United States dollar to one RTGS dollar. More
The applicants in the above matters sought on an urgent basis similar relief by way of provisional orders. Although I heard each application separately andon different dates, the cause of action in each of the applications is substantially the same and the draft orders filed of each record are identical, word for word. More
The above matters have been consolidated in the interest of and at the behest of the parties. In this judgment I shall refer to the application under case number HC 5566/11 as “the first case” and the application under case number HC 5584/11 as “the second case.” More
This is an appeal against the whole judgment of the High Court handed down on 11 April 2018 in which it granted a spoliation order in favour of the respondents directing the appellants to restore the respondents to the church temple and premises located at Stand 3874 Caledonia, Harare. The High Court also ordered the appellants to release keys to the temple to the respondents and ordered the appellants to pay costs on a legal practitioner and client scale jointly and severally the one paying the others to be absolved. More
