Court Judgements




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DHODHANI ZHOU VERSUS GLOBAL MOTORS AND D KADIRIRE (2005-02-16)
This matter was placed before me in chambers as a review of the proceedings of the small claims court. The background facts to this matter may briefly be stated as follows: The plaintiff issued process out of the Small Claims Court claiming the sum of $12 800 00-00 for services rendered at the defendant’s special instance in supplying and fitting car shades at the defendant’s premises. The claim was resisted. After the hearing, which was held on 28 September 2004, the presiding officer entered judgment for the plaintiff in the sum of $11 800 000-00 together with costs. Dissatisfied with... More

EDGARS STORES LTD VERSUS VAREL INVESTMENTS (PVT) LTD AND TOLVEL INVESTMENTS (PVT) LTD AND REGISTRAR OF DEEDS (2005-09-14)
The Applicant in this matter seeks an interim order restraining the respondents from disposing of or transferring certain immovable property, known as Katamon Court, in Harare. The applicant also seeks a final order effectively transferring the said property into its name and ownership through the execution of a share subscription agreement. In support of its claim, the applicant avers that the parties concluded a binding oral agreement in February 2005 for the sale of the property at the purchase price of $6 billion. The 1st and 2nd respondents deny any such binding agreement and dispute the applicant’s right to acquire... More

EDWARD PEDZAI LORD SAMAKOMVA VERSUS THE STATE (2005-01-14)
The applicant appeared before a Regional Magistrate at Harare facing one count of extortion, alternatively one count of contravening s3 (1)(a)(i) of the Prevention of Corruption Act [Chapter 9:16]. After contest, he was convicted on the alternative charge and sentenced to 5 years imprisonment with 1 year suspended for 5 years on conditions of good behaviour. He thereafter noted an appeal to this court against both conviction and sentence. He now applies to be allowed out on bail pending the determination of the appeal. More

ENDY MHLANGA VS THE STATE (2005-09-21)
The appellant appealed to this court seeking to have the convictions in respect of both counts quashed and the sentences set aside. In the event that this court upheld the convictions appellant sought to have the sentences imposed by the court a quo to be substituted by the imposition of nominal fines in respect of each count. More

F.C. SHUTU APPELLANT AND THE MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING RESPONDENT (2005-06-30)
The brief facts of this case have been properly summarized by the respondent in its heads of argument filed on 3 March 2005 and are as follows: - The appellant and the respondent entered into a written agreement in respect of property referred to as Number 4 Wellington Avenue, Belvedere, Harare (the property). The duration of the lease was for 12 months. More

GARIKAI MUKUZE AND ALEXIO KUTAPA VERSUS THE STATE (2005-01-27)
In early October 2002 the two applicants were arrested on a charge of armed robbery of a motor vehicle. On 14 October 2002 they appeared before a magistrate and were remanded in custody. In mid-April 2002 the applicants were indicated for trial before the High Court. Their co-accused, one Fanuel Mkandla was similarly indicted. More

GODFREY DZVAIRO AND TENDAI MATAMBANADZO AND ITAI MACH VERSUS THE STATE (2005-12-13)
The three applicants in this matter are not directly connected to one another. The 1st applicant is aged 47 and employed by the Ministry of Foreign Affairs as Consul-General and was the Zimbabwean Ambassador designate to the Republic of Mozambique at the time of his arrest. The 2nd applicant is aged 42 and was employed by the Metropolitan Bank of Zimbabwe Limited as Company Secretary until his retrenchment in December 2004. The 3rd applicant is employed by ZANU-PF as a Deputy Director for External Relations. More


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