Court Judgements




High Court of Bulawayo Judgements

JAMES MAKAMBA VERSUS KESTREL CORPORATION (PVT) LTD (UNDER PROVISIONAL JUDICIAL MANAGEMENT) AND GEORGE MANYERE AND ECSPONENT ZIMBABWE (PVT) LTD (2019-05-16)
This is an application in terms of s301(2) of the Companies Act (Chapter 24:03). The applicant is a member, director and shareholder of 1st respondent. The application is made on an urgent basis in that the 1st respondent and the applicant continue to suffer prejudice due to being unduly placed on judicial management. Applicant therefore seeks discharge of the provisional order for judicial management of the 1st respondent issued on the 19th day of March 2019 under cover of HC 167/19 in that it is not in compliance with section 299 and the requirements of s300 of the Companies Act.... More

JOEL SIMON SILONDA VERSUS VUSUMUZI NKOMO (2019-05-02)
On 22 April 2015, the plaintiff issued summons out of this court seeking the following order against the defendant:An order confirming null and void the purported agreement of sale signed by the plaintiff and defendant on the 12th January 2010 in respect of Umguza 100 acre Lot 5A for want of a subdivisions permit at the material time and in any event and in the alternative for defendant’s breach of the terms and conditions of the agreement of sale. 2) An order for the eviction of the defendant and all those claiming rights after him from Umguza 100 Acre Lot... More

KERSHELMAR FARMS (PVT) LTD AND ZEPHANIAH DHLAMINI AND SIPHOSAMI PATRICK MALUNGA AND CHARLES MOYO VERSUS MSWELANGUBO FARMS (PVT) LTD AND OBERT MPOFU AND SIKHANYISIWE MPOFU (2022-02-10)
This is an urgent chamber application for leave to execute pending appeal. The background facts are these:- The applicants obtained judgment (HB 280/21) in their favour in case number HB 1917-21. The respondents were found to have despoiled the applicants when they took occupation of 145 hectares at Esidakeni Farm on the basis of an offer letter but without following due process with regards to the eviction of the applicants who were in peaceful and undisturbed occupation of the property. The effect of the judgment was to order the respondents’ eviction from the farm on the basis that they ought... More

LEEMAN MBANO VERSUS THE STATE (2019-06-03)
The 21 year old appellant appeared before a Magistrates’ Court, at Kwekwe on the 13th February 2017 facing two counts of assault and threats of violence in contravention of section 89 (1) and section 186 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23), respectively. He was convicted and sentenced to 12 months imprisonment of which 2 months was suspended for 4 years on condition of future good conduct. Aggrieved by the sentence, the appellant has noted an appeal to this court. The state concedes that the sentence imposed against the appellant in the court a quo is... More

LUCIA MKANDLA AND EMMANUEL NGWENA MUSARA AND CITY OF KWEKWE VERSUS AARON MICHAEL GWARAZIMBA (2020-06-13)
This is an application for dismissal of an application for want of prosecution in terms of Rule 236 (3) (b) of the High Court Rules 1971 (the rules). The history is as follows. Respondent who is a sitting councilor in 3rd applicant’s Council filed an application for cession of his right, title and interest in respect of a stand he alleged to belong to him. The application was filed under cover of case number HC 2750/19 on the 19th of October 2017 and applicants filed their notice of opposition and opposing affidavits on the 3rd of November 2017. These documents... More


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