Midlands State University Library

Court Judgements

Bulawayo High Court Judgements

(1) EVA ZULU (NEE NKOMO) HC 585/19 AND RHODA NKOMO AND ESNATH NKOMO VERSUS MARGARET NKOMO (NEE TSHUMA) AND FARLEY FUNERAL SERVICES (PVT) LTD (2) MARGARET NKOMO HC 819/19 AND FARLEY FUNERAL SERVICES (PVT) LTD VERSUS EVA ZULU (NEE NKOMO) AND RHODA NKOMO AND ESNATH NKOMO (2019-08-08)

These two court applications were filed by the same parties over the same dispute. Later, the respondents under HC 585/19 filed an application under HC 1682/19 for the matter to be consolidated and enrolled as contested matters at the end of the 2nd term. The application was not opposed and I granted it by consent. I then directed that the two matters be set down for hearing on the same day. Both lawyers prepared heads of argument in respect of both applications. The two applications were then argued on the 2nd August 2019. For ease of reference, case number HC... More

(1) JAMES MAKAMBA HC734/19 VERSUS KESTREL CORPORATION (PVT) LTD AND GEORGE MANYERE AND ECSPONENT ZIMBABWE (PVT) LTD (2) GEORGE MANYERE HC 1671/19 AND ECSOPNENT ZIMBABWE (PVT) LTD VERSUS KETREL CORPORATION (PVT) LTD (2020-05-28)

Applicant has approached this court on a certificate of urgency seeking the following relief: “Interim relief sought That pending confirmation of this order on the return day, the following relief is granted: 1. The provisional order granted in case number HC 167/19 on 19 March 2019 is hereby discharged. More

(1) TOBO MINING SYNDICATE HC 1412/19 VERSUS EAGLE MINING SYNDICATE AND PROVINCIAL MINING DIRECTOR NO AND OFFICER COMMANDING ZIMBABWE REPUBLIC POLICE – MATABELELAND SOUTH AND SHERIFF OF ZIMBABWE NO (2019-06-27)

These urgent chamber applications were filed under case numbers HC 1412/19 and HC 1418/19 respectively. On perusing the papers it became evident that these applications related to the same parties. The relief sought in both applications is substantially similar and relates to disputed mining claims adjacent to each other. I directed that these applications be considered and determined at the same time. Before hearing brief oral submissions from counsel, I enquired whether there would be any prejudice to the parties if these matters were consolidated. Legal counsel for the parties confirmed that it was indeed appropriate to hear these matters... More

1. CITY OF BULAWAYO HC 860/17 VERSUS MONTAQUE PETER STOLS AND MAXWELL SIBANDA 2. CITY OF BULAWAYO HC 861/17 VERSUS WALLACE TIMCOE AND MICHAEL TIMCOE AND CECIL TIMKOE AND KENNETH LUCKY JACKSON AND MAXWELL SIBANDA 3. BULAWAYO CITY COUNCIL HC 862/17 VERSUS LOUISE MILLER AND MAXWELL SIBANDA (2022-10-27)

1. These are three chamber applications which were consolidated in terms of rule 34 of the High Court Rules, 2021. The applicant seeks confirmation of provisional orders granted on the 3rd April 2022. The applications were filed in terms of section 5 of the Title Registration and derelict Lands Act [Chapter 20:20]. More

1. MARTIN JONGWE HC 1928/18 VERSUS NATIONAL FOODS LIMITED AND LABOUR COURT (BULAWAYO) – KABASA J (AS JUDGE) 2. MARTIN JONGWE HC 1929/18 VERSUS NATIONAL FOODS LIMITED AND LABOUR COURT (BULAWAYO) – KABASA J (AS JUDGE) (2020-03-12)

This is an application for leave to appeal against a judgment by my brother MATHONSI J handed down on 14 June 2018. That judgment HB 147/18 being in respect of case number HC 2606/17. The applicant had sought condonation for the late filing of his notice of appeal against a judgment by KABASA J of the labour court. Apparently, the applicant had earlier in case number HC 2016/16 made the same application before my brother MAKONESE J who struck the matter off the role on 21 September 2017 as it was improperly before the court. It had been filed out... More