Court Judgements




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HAMILTON FORTUNATE GOMBA VERSUS ASSOCIATED MINE WORKERS UNION HIGH COURT OF ZIMBABWE PATEL J HARARE, 28 OCTOBER 2005 (2005-10-28)
The applicant in this matter seeks an anticipatory interdict to preclude the termination of the salary and benefits due to him in his capacity as an employee of the respondent trade union. The applicant was elected to the post of senior vice-president at the trade union’s congress held in the year 2000. By virtue of Article 8 of the respondent’s constitution, the applicant simultaneously became a full-time employee of the respondent. At the last congress of the respondent, which was held in August 2005, the applicant was not re-elected to the post of vice-president. He then instituted an application in... More

IRENE MOYO VS CHARLES NYATANGA N.O AND CICEL MADONDO AND ADRIAN MAZORODZE AND AMIDA SOLOMON (2005-07-20)
The applicant instituted proceedings against the respondents claiming the following order: "1. The appointment of Cecil Madondo as Executor Dative in the Estate of the late Stephen Moyo on the 6th October 2004 is set aside. 2. First respondent is directed to appoint applicant as Executor Dative. 3. The costs of this application, if contested shall be paid by the respondents." On the 3rd of June 2005 the applicant filed a notice of withdrawal on the basis that each party pays its own costs. More

JOINA DEVELOPMENT COMPANY (PVT) LTD VERSUS NEWGALE INVESTMENTS (PRIVATE) LIMITED AND THE REGISTRAR OF DEEDS N.O (2005-11-03)
The 1st Respondent shall do all such acts an sign all such documents as are necessary to pass transfer of certain piece of land called a certain piece of land situate in the District of Salisbury called subdivision D of subdivision C of Lot 15 Block C of Avondale, (the property) to the applicant within (7) days of service of this order on it, failing which the Deputy Sheriff Harare is hereby empowered and directed to do all such acts and sign all such documents on behalf of the 1st Respondent; 2. The 2nd Respondent shall approve and register the... More

JULIET CHIKWENENGERE VERSUS GEORGE CHIKWENENGERE (2005-11-30)
MAKARAU J: The parties were married at Hwange on 12 January 1990. The marriage still subsists. There are two minor children of the marriage, namely Ngoni Rutendo, a daughter aged thirteen, and Kudzaishe Anesu, a son, aged 10. Certain differences have crept into the relationship between the plaintiff and the defendant, resulting in the plaintiff instructing her legal practitioners to issue summons out of this court, claiming a decree of divorce, an order granting her custody of Ngoni and Kudzaishe, maintenance for the minor children and an award of the assets of the matrimony under section 7 of the Matrimonial... More

MARK TARUWONA AND JOSHUA MASHAYAMOMBE VERSUS THE STATE (2005-01-13)
The appellants were convicted by a Regional Magistrate at Harare of one count each of contravening s3 of the Prevention of Corruption Act [Chapter 9:16]. They were sentenced each to 40 months imprisonment with 10 months suspended for 3 years on conditions of good behaviour. Immediately after sentence, the appellants indicated to the trial court that they intended to note an appeal against both conviction and sentence. This they have since done. An application for bail pending appeal was then made on behalf of both before the trial magistrate. It was dismissed. The proceedings before me are an appeal against... More

MONICA KOMICHI VERSUS DAVID EDWIN TANNER AND EATON & YOUNG (2005-11-23)
On 6 December 2002, the plaintiff was driving her motor vehicle, Peugeot 405, with the registration number 698-058 H at the intersection of Samora Machel Avenue and Maiden Drive in Harare. The motor vehicle was involved in an accident with the first defendant’s vehicle a Toyota Land Cruiser, registration number 799-714. The accident was caused solely through the negligence of the first defendant who accepted liability for the accident in full and without reservation. The plaintiff’s motor vehicle was extensively damaged in the accident. One garage quoted the plaintiff the sum of $7 million to repair the accident damage. The... More

MORGAN TSVANGIRAI PETITIONER AND ROBERT GABRIEL MUGABE 1ST RESPONDENT AND THE ELECTORAL SUPERVISORY COMMISSION 2ND RESPONDENT (2005-11-28)
The background to this judgment is that the petitioner has approached the Supreme Court for certain relief and on Thursday 17 November 2005 the Supreme Court reserved judgment in the matter in which the petitioner seeks the nullification of the order of this court of 10 June 2002. As the presiding judge in the matter I was not cited as a party and therefore I could not formally place before the superior court my own view of the matter. More


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