Court Judgements




High Court of Mutare Judgements

DEAN BENJAMIN MARTIN AND MUZAFFAR KHAN VERSUS THE SHERIFF OF ZIMBABWE AND SMIT INVESTMENTS HOLDINGS SA PROPRIETARY LIMITED T/A GECKO PROJECTS AND GANET MINING PROPERIETARY LIMITED AND JUDICIAL SERVICE COMMISSION (2019-10-31)
The two applicants (Dean Benjamin and Muzaffar Khan) are seeking an order particularized on the draft along the following format: “IT IS ORDERED THAT: 1. The 2nd and 3rd Respondents are hereby ordered to restore possession of the Volvo A 30 D Dump Truck to the Applicants within 48 hours of being served with this order. 2. Failing compliance with the order in (1) above, the 1st Respondent is hereby ordered to enforce the order in (1) above and restore possession of the Volvo A 30 D Dump Truck to the Applicants, forthwith. 3. The Respondents jointly and severally one... More

DELANT CHASAYA VERSUS MARK E. DZOBO (2019-08-01)
On 16 May 2019 the appellant noted an appeal against the whole judgment of the Magistrate’s Court handed down on 23 April 2019 at Mutare laying out the grounds of appeal as well as relief sought as follows: “A. GROUNDS OF APPEAL 1. The Learned Magistrate erred at law by making a finding based on the papers that the appellant was in defiance of a court order without holding a proper enquiry. 2. The Learned Magistrate thus erred by refusing to hear the appellant on the merits. 3. The Learned Magistrate also erred at law by ordering the incarceration of... More

DERECK CHITAKATIRA VERSUS THE STATE (2019-10-31)
The applicant was convicted of murder as defined in s 47 (1) (a) of (b) of the Criminal Code on 20 September 2019 and sentenced to 18 years imprisonment. He has now filed an application for leave to appeal in terms of r 262 of the High Court Rules, 1971. In his papers the applicant states that “he has good grounds of appeal which are supported by the record of proceedings” he goes on to mention under “Grounds for leave” that he was sentenced for a crime he did not commit, that he was wrongly convicted, and also added that... More

DICKSON CHAERUKA AND ELIAS MATANDA AND EDSON NYAMBANJE AND PORTIA SIBANDA AND ISAAC KAPENI AND REGIS DURI AND ALLEN CHAKABUDA AND JUSTIN MUWONDA AND BEATRICE KWENDEPI AND GILES MAWONEKE AND STEPHEN MAJAHA CHANDAKABATA AND CHRISTIN MUKOLOSA AND JACKSON MTISI AND SUPERIOR BOKA AND LAINA SHARARA AND DELIWE MUNYONGWA AND ARCHFORD MARIGA AND BABRA CHIVIGE AND ADAM NHAMO VERSUS MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE N.O AND COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE N.O AND ASSISTANT COMMISSIONER FLORENCE MARUME N.O (2022-05-19)
All the 19 plaintiffs who are members of the Zimbabwe Congress of Trade Union for the Eastern Region (ZCTU) are claiming from the 3 defendants jointly and severally the following: a) Payment in the total sum of ZWL $38 million broken as follows: (i) $500 000 for unlawful arrest for each (ii) $500 000 for unlawful detention for each (iii) $1 000 000 for malicious prosecution against the defendants b) Interest thereon at the prescribed rate from the date of issue of summons to date of full and final payment. c) Costs of suit on a legal practitioner-client scale. On... More

ECHEBEL MUDADIRWA VERSUS THE STATE (2019-10-03)
On 14 April 2019, appellant Echebel Mudadirwa, was convicted for contravening s 113 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for theft of trust property and was sentenced to 12 months imprisonment of which 2 months imprisonment was suspended on condition of future good behaviour, of the remaining 10 months imprisonment, 6 months imprisonment on the further condition of restitution, the balance of 4 months imprisonment was suspended on condition that the appellant completes 140 hours of community service. More


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