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
[1]This is a court application for a declaratory order and consequential relief. The applicant approached the court in terms of s 85 of the Constitution of Zimbabwe, 2013 (“the Constitution”) as read with s 14 of the High Court Act [Chapter 7:06]. The applicant seeks an order in the following terms: More
This is an opposed chamber application in which the applicant, Angela Madamombe, is cited in her capacity as executrix dative of the estate of the late Godfrey Madamombe. The applicant is the daughter of the late Godfrey Madamombe. The first respondent is a buyer of the property in dispute. The second respondent is cited in his official capacity as the Registrar of Deeds, Bulawayo. 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
The applicant, Reason Masomera, seeks a review of the Master of the High Court’s decision in which he removed him as the executor of the estate of the late Rosemary Mashata. This is said to have been done un-procedurally and without consultation.
There are certain common cause facts. The late Rosemary Mashata died on 22 July 2009. Reason Masomera and Eliot Masomera, who are the applicant and the first respondent respectively, were her natural sons. Reason Masomera was appointed by the Master in 2010 as the executor of his late mother’s estate. The Master is the second Respondent in this... 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
The judgment in respect of which the application is made was received by applicant on the 4th of December 2013. The judgment struck off the roll, with no order as to costs; an application for substitution of respondent who was then cited as “Anglican Church of St Mary’s and All Saints” with “Church of the Province of Central Africa (CPCA). More
