Court Judgements




Supreme Court Judgements

(1) OTILIA MASHOKO (IN HER CAPACITY AS THE EXECUTRIX DATIVE IN THE ESTATE OF THE LATE ALBERT MACHENGETE MASHOKO AND TRUSTEE OF THE MASHOKO – KUSISA FAMILY TRUST) (2) THE MASHOKO-KUSISA FAMILY TRUST (3) TAFADZWA MASHOKO (4) MUNASHE MASHOKO (5) TATENDA MASHOKO (6) MEDELENE MASHOKO (A MINOR DULY REPRESENTED BY HER GUARDIAN OTILIA MASHOKO) V (1) ALBERTINA HAZVINEYI MASHOKO (DULY ASSISTED BY HER GUARDIAN BARBARA MAONDE-CHIKOSI) (2) ALBERT TARIRO MASHOKO (3) SEEF PROPERTIES (IN THEIR CAPACITY AS TRUSTEE OF THE MASHOKO-KUSISA FAMILY TRUST) (2022-10-20)
This is an appeal against the whole judgment of the High Court handed down on 2 July 2020 inter alia nullifying the Mashoko-Kusisa Family Trust, directing the first appellant and the third respondents to render a full account of the business operations and functions of that trust from 8 May 2006 and dismissing the claim for the eviction of the first respondent and those claiming occupation through her from the trust property known as No 1 Franco Close, Borrowdale Harare (the property). More

(1) PETER VALENTINE (2) ALLEN SIBANDA V (1) BLOOMING LILLY INVESTMENTS (PRIVATE) LIMITED (2) THE PROVINCIAL MINING DIRECTION MIDLANDS PROVINCE (3) THE MINISTER OF MINES AND MINERAL DEVELOPMENT (2023-05-23)
(1) This is an appeal against the whole judgment of the High Court, granting a spoliation order in terms of which the appellants were ordered to restore possession of Danga 16442, Oceana 5545, Reedbuck 2 5535BM, Reedbuck 1 55 35BM and Lucky 8260 BM mining claims (hereinafter referred to as “the mining claims”) to the first respondent and finding the first appellant guilty of contempt of court. More

(1) SPENCER TSHUMA V (1) KEVIN MAGWAZA (2) SEBASTIN MAGODO (3) MINISTER OF MINES AND MINING DEVELOPMENT N.O (4) HONOURABLE KUBONERA N.O (5) PROVINCIAL MINING DIRECTOR, MASHONALAND WEST N. O (6) THE SHERIFF FOR ZIMBABWE N. O (2020-07-28)
The applicant filed an urgent chamber application for the setting aside of para 11 of the High Court’s order made after hearing consolidated opposed applications in H/C 6272/19, H/C 6630/19 and H/C 6692. In para 11 of its order the court a quo ordered that: “Notwithstanding any appeal that the first respondent may file against this order, the operation of this order shall not be suspended by the filing of such an appeal.” The court a quo’s order in para 11 was clearly intended to render the anticipated appeal by the applicant ineffective as regards the suspension of the orders... More

(1) THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST (2) JULIUS TAWONA MAKONI (3) THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST V NMB BANK LIMITED (2021-09-24)
HLATSHWAYO JA: This is an appeal against the entire judgment delivered by the Honourable Justice Zhou in the High Court of Zimbabwe. The order sought to be impugned reads as follows: “IT IS ORDERED THAT: 1. Judgment be and is hereby given in favour of the plaintiff against the first, second and third defendants jointly and severally the one paying the others to be absolved for: (a) Payment of US$1 105 748.90 plus interest at the rate of 15 per cent per annum from the 9 September 2015 such interest calculated monthly and in advance on the said sum and... More

(1) TRIANGLE LIMITED (2) HIPPO VALLEY ESTATES LIMITED V (1) ZIMBABWE REVENUE AUTHORITY (2) ZIMBABWE SUGARCANE DEVELOPMENT ASSOCIATION (3) ZIMBABWE CANE FARMERS ASSOCIATION (4) MKWASINE SUGARCANE FARMERS TRUST (5) COMMERCIAL SUGARCANE FARMERS ASSOCIATION OF ZIMBABWE (6) HIPPO VALLEY PRODUCTIVE FARMERS ASSOCIATION (7) ZIMBABWE SUGARCANE DEVELOPMENT ASSOCIATION ROYAL TRUST (8) CHIPIWA MPAPA MILL GROUP (9) CHIREDZI PRODUCTIVE CANE GROWERS (10) FARAI DUMO AUGUSTINE MUSIKAVANHU (11) ROY BHILA (2021-07-01)
This is an appeal against the judgment of the High Court sitting at Masvingo delivered on 24 June 2020 which dismissed with costs the application made by the two appellants for a declaratory order and an interdict. FACTUAL BACKGROUND The two appellants are sugar producing giants in the Lowveld while the first respondent is the statutory body charged with revenue collection in Zimbabwe. The remainder of the respondents are either sugar cane farmers or associations representing such farmers. The respondents will be referred to in this judgment for convenience, as Zimbabwe Revenue Authority and the farmers respectively More


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