The applicant is seeking a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The application was prompted by a dispute arising from an amendment to the Dadaya Mission Trust Deed and the appointment of the second to fifth respondents as trustees.
From the onset, Mr Chidyausiku took the preliminary point that the first respondent is barred on account of filing heads of argument beyond the prescribed period. He moved that judgment be granted on an unopposed basis. The first respondent’s heads of argument were filed on 28 August 2018 despite having been served with... More
The debate over what came first, the chicken or the egg has never been resolved to finality. In casu, however, the question of what is in a chicken has a one- word answer to the plaintiff and the defendant - ‘everything’. Even more intriguing is the use of the word ‘luv’ by both of them in their registered trademarks. More
The late Mariana Moyo died intestate prompting the administration and management of her estate to be placed in the hands of the 1st respondent as the Executrix Dative on 19 March 2012. It would appear that the appointment of the 1st respondent was brought about by the deceased’s relatives together with the beneficiaries of the estate. This estate appears to be facing a number of challenges as evidenced by this application. More
In this application, the applicant attached in execution certain movable goods listed in annexure B to the application. The goods were attached for execution to satisfy a judgment of this court in the case Tian Ze Tobacco Company (Pvt) Ltd vLawrence Katsiru Case No. HC 2100/14. The two parties are the judgment creditor and debtor respectively. In terms thereof the judgment creditor caused the issue of a writ of execution to recover an amount in excess of $224 003-16 and execution costs. More
All the parties in this case claim to be members of the Anglican Church but belonging to rival factions. They are however engaged in vicious Court battles concerning their legitimacy and entitlement to Church property. More
Judgment in this matter has delayed because of my reassignment to the criminal division soon after I had heard and reserved judgment in this and several other opposed applications. It has been a challenge to get time to devote to writing the reserved judgments as the criminal court has been busy and kept me on my toes. The delay is however regretted and was not intended. More
The applicant is the Estate of the late Jean Moir Hedley, represented by John Moir Rosslyn Hedley in his capacity as its curator bonis. The first respondent Angwa City Investments (Pvt) Ltd purchased a flat belonging to the applicant’s estate. The applicant is challenging the legality of that sale. The second respondent Saint Sebastian Estate Agents, is the first respondent’s Estate Agent with a mandate to manage the flat in dispute. The third respondent the estate late Israel Gumunyu is cited for the involvement of the late Israel Gumunyu, in the sale of the applicant’s flat without the Master’s authority,... More
This is an application for summary judgment. The bulk of the facts in this case are not in dispute. It is common cause that on 27 June 2005 the parties concluded an agreement of lease wherein the applicant company let its property known as Shop No. 3 at Fingaz House measuring 84.75 square metres in extent to the respondent company. More
These two matters were heard at the same time for the purposes of convenience. In the first matter, HC 5403/09, the applicant seeks rescission of an order issued by this court on 28 October 2009 in HC 4101/09. In the second matter, HC 976/10, the applicants seek an order be found to be in contempt of court and for their committal to prison for such contempt. More
The applicant is a church organisation styled The Church of God International 1932 represented by its secretary general one Zeburon Pedzisai Nengomasha. On the other hand the respondents are alleged to be board members of a rival breakaway rebel church organisation also operating under the style of Gospel of God International. More
The plaintiff is a common law universitas of the residents and ratepayers of a suburb called The Grange in the city of Harare. They came together as an association of residents who purchased residential stands from the defendant during the period extending from 2007 to date. The defendant is a property development company that purchased a 60 ha plot of land More
This is an appeal against the decision of the National Employment Council
for the Welfare and Educational Institutions. The grounds of appeal are that;
1. The appeals committee a quo grossly erred and erroneously misdirected itself in finding that Appellant ought to have proved that excessive force had been used rather than that extreme pain and discomfort had been felt.
2. The NEC Appeal Committee grossly erred and seriously misdirected itself in ignoring the extant untested evidence to the effect that the assault by Respondent had caused the child extreme pain and discomfort. A fortiori,
the committee erred in finding... More
On 29th April 2010 the Honourable Y Malama made an arbitration award. In terms thereof she ordered Appellant to either reinstate Respondents in its employ or pay them damages for loss of employment. Honourable Malama made a 2nd award in terms of which she ordered Appellant to pay each Respondent an amount of US$12 065.80 as damages in lieu of reinstatement. More
