On 27 April 2017 the fourth respondent (Turfwall Mining) obtained a provisional order against one Siphiwe Dube (Dube), interdicting her and all her employees from conducting all forms of mining on the five disputed claims pending confirmation or discharge of the provisional order. The disputed claims are the following: - Legion C claim number 102224BM; Legion D claim number 10225BM; Legion F claim number 10226BM; Legion 13 claim number 33216 and Legion 14 claim number 33217. Dube appealed the provisional order to the Supreme Court, and in Dube v Turfwall & Ors SC 10/17 the court found that she lied... More
This is an application which the applicants have named an “Urgent chamber application for stay of execution”. The relief sought is a provisional order. The interim relief sought is an order to ‘stop’ the respondent from executing of a seizure order issued by this court on the 21 September 2022 under case number HACC 24/22 in terms of s 47 of the Money Landing and Proceeds of Crime Act [Chapter 9.24] pending the determination of an application for rescission of judgment filed under case no HACC 33/22. The draft final relief is identical to the interim relief sought, perhaps by... More
The now appellant was the applicant before the court a quo. The brief background is that he met the respondent in 2008 and they contracted a customary law union in 2016 and separated in or about December 2019. Three children were born to them being:
i. Simbarashe Mangwengwende, a boy, born on 20 April 2010.
ii. Akudzwe Kateve Mangwengwende, a boy, born on 18 June 2012; and
iii. Tawana Chidiwa Mangwengwende, a girl, born on 3 July 2015.
Upon separation of the parties, the children remained in the custody of the respondent. Having been denied custody, the appellant lodged this... More
The applicant is a male adult and a national of Rwanda. He came into Zimbabwe with his mother and siblings as a 12-year-old refugee in 2007. He alleged that the family fled from internecine violence which was rocking Rwanda at the time. He averred that his father and several of his relatives were shot at, maimed and some killed with machetes. The applicant and his family members were accorded refugee status as provided for under the Refugees Act [Chapter 4:02] and were subsequently granted refugee status. The applicant was registered on his mother’s refugee status card and the family was... More
This is an appeal against a decision of the Magistrates Court wherein the first respondent was awarded an order to evict the first and second appellants and all those claiming occupation through them, from stand number 7006 Retreat, Waterfalls, Harare. More
Pomelo (as investor) and Annadale (as asset owner) entered into a mining joint venture (JV) through Beatrice Mine as the JV company. The investor and asset owner respectively held 74% and 26 % shareholding in the JV company. The asset comprised of several mining claim claims located in the Beatrice area. The joint venture (JV) collapsed. The asset owner alleged failure by the investor to invest in the JV as agreed. It demanded the 74% that had been allotted to the investor. The dispute was referred to arbitration and the investor succeeded. The investor made spirited efforts to resist this... More
This is an application for a Declaratur in terms of Section 14 of the High Court Act [Chapter 7:06] to have the certificates of Registration numbers 48749, 48750, and 48751 issued by the 3rd Respondent to the 1st and 2nd Respondents declared invalid and of no legal force or effect. More
