Court Judgements
Masvingo High Court Judgements
This was meant to be a criminal appeal. It did not proceed. The appellant asked for my recusal. I obliged. The matter was removed from the roll. My Brother, MAWADZE J and I, felt it unprofitable to get embroiled in the merits of an application for recusal. But our decision in this regard should not be taken as having set a precedent. We avoided tussling with Counsel purely so that justice might be seen to be done. The reasons for seeking my recusal were nebulous. More
The journey travelled by the United States dollar in recent times as legal tender in Zimbabwe and its tumultuous relationship with the Zimbabwe dollar have been the source of much angst and consternation in business and economic circles alike, spawning in their wake a litany of litigation. The present application is yet another example of the latter. This is because although the parties haggled over a number of issues regarding whether or not the arbitral awarded in favour of the applicant against the respondent should be registered, the primary source of their dispute post the granting of that arbitral award... More
The applicant seeks a final interdict barring the five respondents from interfering with its mining operations on pieces of land situate in on communal lands in the Zaka District of Masvingo Province. Through the affidavit deposed to by its director, Boysen Mutembwa, it alleges that the five respondents are conducting illegal mining activities on some of its registered mining blocks, a claim which the respondents deny. It further avers that it is the registered holder of mining claims known as Bvuma Mining project which it obtained sometime in 2017 and 2018. It has since affected developments thereon pursuant to its... More
This is an appeal against the decision of the Magistrates Court sitting at Masvingo confirming the cancellation of a Lease Agreement between the parties, ejecting the appellant from the leased premises, ordering the payment of holding over damages and costs of suit. More
The year was 2016. Conditions were ripe, according to the Judicial Service Commission(the 1st respondent), for the appointment of four additional judges to the Supreme Court to meet the manpower demands of that bench. Acting therefore in terms of Section 180 of the Constitution, the 1st respondent flighted advertisements in the print media announcing the existence such vacancies and inviting nominations from the President (the 2nd Respondent) and members of the public with a view thereafter to conducting public interviews to fill those vacant positions. More
