Court Judgements




High Court of Bulawayo Judgements

FIDELIA NCUBE VERSUS NKANYISO SIBINDI (EXECUTOR DATIVE) AND MRS ROSE DUBE N.O ADDITIONAL MASTER OF THE HIGH COURT (2022-03-10)
This is an application for condonation of the late noting of an application for review. Applicant seeks a review of the decision of the Master of the High Court to confirm the first and final liquidation and distribution account in the estate of the late ThembinkosiSibindi DRB 346/17 handed down at Bulawayo on 14 November 2014. The applicant avers that she was customarily married to the late ThembinkosiSibindi without knowledge that he was already married. That together they acquired stand No. 5 York Road Hillside in Bulawayo and that she personally contributed $23 000 USD being USD $15 000 for... More

FLORA NDORO (NEE FEREMENGA) VERSUS FABIAN CHAMUNORWA NDORO (2020-07-02)
The plaintiff and the defendant are husband and wife. On 27th May 1976 they contracted a marriage in terms of the African Marriage Act (Chapter 5:07), (then Chapter 105). The marriage was blessed with five children. They are all majors. One is now deceased. Sometime in 1988 the parties started having marital problems. The parties lost love and affection for each other. In August 2018 the defendant forced the plaintiff out of the matrimonial home. The plaintiff now resides with relatives in Bulawayo. More

GAMBOGE INVESTMENTS (PVT) LTD VERSUS THE OCCUPIER SHOP 4 – SIKHANYISO SHIRI (2019-01-31)
This is an application for summary judgment in terms of o10 r64 of the High Court Rules 1971. Applicant issued summons under case number HC 1533/16 for the recovery of arrear rentals, eviction of the respondent and all those claiming occupation through the respondent, cancellation of the lease agreement, hold over damages, water charges and costs of suit. The suit arose from repeated breaches of the lease agreement which has expired by the effluxion of time as well an acknowledgment of debt which has not been adhered to. More

GUILTY MUNKOMBWE VERSUS THE STATE (2022-03-03)
This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of Section 82(1) of the Parks and Wildlife (General Regulations 362/1990) as read with section 128 (b) of the Parks and Wildlife Act(Chapter 20:14). The applicant denies the charges and avers that he is a proper candidate for bail. The State opposes this application. Factual Background The State alleges that on the 15th November 2021 at Mlibizi Turnoff, Binga, the applicant and his co-accused were found in possession of one piece of raw elephant tusk without a permit, after... More

HWANGE COAL GASIFICATION COMPANY (PRIVATE) LIMITED VERSUS GUTAI LISA-MARIE MUTUKE (2024-02-29)
The background to this matter is that on 20 February 2024 the respondent as applicant in case number HCBC 371/24 obtained against the applicant as respondent a provisional order from this court (per NDLOVU J), whose interim relief is couched as follows: Pending determination of this matter, the Applicant is granted the following relief - The Respondent be and are (sic) hereby ordered and directed to allow the Applicant to take delivery of 700 tonnes of coke in terms of the Memorandum of Understanding of the 30th December 2022. More


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