Welcome to Midlands State University Library

Court Judgements



Browse Court Judgements by year
At the onset of oral argument in this Court 1st respondent raised 3 (three) points in limine which applicant opposed. The points shall be dealt with ad seriatim. 1. That the deponent to the founding affidavit does not have authority to institute these proceedings: The founding affidavit was deposed by Ms Lisa Zvinavashe in her capacity as the attorney for applicant. Respondent argued that Zvinavashe could not institute legal proceedings without a board resolution authorising her to do so. In furtherance of this argument reliance was placed on the matter of Dube v PSMAS 2019(3) ZLR 589 (S) at paragraph... More

This is an application for the provisional liquidation of the first respondent and for the appointment of Theresa Grimmel as the liquidator in accordance with the requirements of the law. The application is being made in terms of s 6 as read with s 14 of the Insolvency Act [Chapter 6:07] (“the Act"). The application is opposed by the first respondent. More

In this application, applicant seeks a declaratory order to the effect that 4th respondent’s attachment, subsequent sale of applicant’s undivided share in her matrimonial home and also his failure to immediately remit her share of the proceeds of the auction thereof were unlawful. More

This is an appeal against the decision of the Provincial Director Matebeland North sitting as a Mining. Commissioner`s Court at Manicaland Province. The sitting of the Provincial Commissioner’s Court was a result of an order rendered by MUZENDA J by consent of the parties under HC 203/18 on 18 September 2019. Said order provides in the main as follows: HC 203/18 and HC 212/18 were referred to the Permanent Secretary of the Ministry of Mines and Mining Development for the appointment of a Provincial Mining Commissioner, other than the Provincial Mining Commissioner Manicaland. More

In this application the applicant comes to court seeking an order to compel the respondent to effect transfer of the stands as ordered in case No HC 3630/05. The applicant further seeks an order that upon failure by the respondent to comply with the order that compels the respondent to effect transfer should the court grant it, the Sheriff be ordered to take such steps and execute such documents as are necessary to ensure that the stands are transferred by registration into the applicants’ name. The applicant averred that he complied with the order of KAMOCHA J and paid the... More

This is an urgent chamber application for stay of execution, declaratory order and consequential relief made in terms of r 60 of the High Court Rules 2021 as read with s 14 of the High Court Act. More

This matter is an application for review. The applicant appeared before a Magistrate sitting at Mbare Magistrates Court facing a charge of fraud as defined in section 136 (a) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was charged with Wayne Victor Moss who was the first accused while the applicant was the second accused. More