Court Judgements




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SYLVIA ROSEMARY MABVUDZA VS PHINEAS MABVUDZA (2005-02-09)
This is a matrimonial cause wherein it is common cause that the marriage has irretrievably broken down. The only issue for the determination of the court was agreed by the parties at a pre-trial conference before as Judge as being - "What would constitute a fair and reasonable division of the matrimonial assets?" More

TAPSON MADZIVIRE AND PHINIAS NGARAVA AND JOSEPH DANIEL MUBWANDARIKA AND CRUSH SECURITY (PVT) LTD VERSUS MISHECK BRIAN ZVARIWADZWA AND COBRA SECURITY (PVT) LTD AND THE REGISTRAR OF COMPANIES (2005-09-07)
On 4 November 2004, the applicants brought the above application seeking an order that certain documents filed with the third respondent, relating to the shareholding structure of the fourth applicant be declared of no force and effect as having been forged. It was specifically alleged that the first respondent had forged these documents. The first respondent, who although not denying that the information in the documents complained of was false, denied being the author of such. In his opposing affidavit, the first respondent avers that he invited the first to third applicant to join as directors of the fourth applicant... More

THANDIWE MANDIRINGA VERSUS NATIONAL SOCIAL SECURITY AUTHORITY 2. GANIZIO JAMU VERSUS INNSCOR AFRICA (PVT) LTD 3. PETER CHIGABA VERSUS FARMQUIP (PVT) LTD 4. NELSON GARIKAI VERSUS SUPERBAKE BAKERIES 5. VALERIE SANYIKA VERSUS SOUTHERN AFRICA AIDS TRUST 6. CHISTOPHER MESIKANO VERSUS SAYBROOK (1978) (PVT) LTD (2005-11-17)
The above six matters raise the same issue. The matters came before me and other judges of this court as individual chamber applications for registration in terms of section 98 (14) of the Labour Act [Chapter 28:01] of certain arbitral awards in favour of each applicant. For the purposes of arguing the legal point of practice and procedure arising, I set down all for hearing all the chamber applications in terms of rule 246 (1)(b) of the High Court Rules, 1972. For convenience, I combined the hearings of the chamber applications. I also received separately, submissions form Messrs Dlakama and... More

THE APPLICANT WAS BORN IN DOMINICA IN THE WEST INDIES IN 1950. HE STUDIED MEDICINE IN THE UNITED KINGDOM ENDING UP SPECIALISING AS A PHYSICIAN. DURING THAT TIME HE MET AND FELL IN LOVE WITH A ZIMBABWEAN WOMAN WHO WAS STUDYING NURSING AND MIDWIFERY AT THE SAME HOSPITAL HE WAS ATTACHED TO. THE TWO MARRIED AND EVENTUALLY ESTABLISHED A HOME IN ZIMBABWE IN 1982. IN ZIMBABWE, THE APPLICANT OBTAINED A PERMANENT RESIDENCE PERMIT AND HAS LIVED AND PRACTICED HIS PROFESSION IN THIS COUNTRY SINCE 1982. HE APPLIED FOR CITIZENSHIP, WHICH WAS NOT GRANTED (2005-01-12)
The applicant was born in Dominica in the West Indies in 1950. He studied medicine in the United Kingdom ending up specialising as a physician. During that time he met and fell in love with a Zimbabwean woman who was studying nursing and midwifery at the same hospital he was attached to. The two married and eventually established a home in Zimbabwe in 1982. In Zimbabwe, the applicant obtained a permanent residence permit and has lived and practiced his profession in this country since 1982. He applied for citizenship, which was not granted More

THE LIQUIDATOR OF CENTURY DISCOUNT HOUSE VERSUS RICHARD CHINYANI AND BRIAN BOSTOCK AND THE REGISTRAR OF DEEDS (2005-03-09)
This matter came before me as an urgent application. With the consent of the parties and at the request of the parties that I issue a final order in the matter, I gave directions for further affidavits and heads of argument to be filed by the parties and thereafter heard the matter. More

THE STATE VERSUS TICHAONA CHIMOGA (2005-12-09)
The accused was however eventually apprehended and taken to the police station. At the police station he again assaulted one of his fellow employees who had taken him there. Arising from the above facts the accused was charged with one count of theft and 3 counts of common assault. The trial magistrate treated all the 4 counts as one for the purposes of sentence. He then sentenced the accused to pay a fine of $100 000.00 or in default of payment 20 days imprisonment. The learned scrutinising regional magistrate took issue with the manner the trial magistrate grouped all the... More

THE STATE VERSUS AMOS MASIKE (2005-10-26)
The accused was convicted on his own plea of guilty on a charge of contravening section 3(i) as read with section 30(2) of the Gold Trade Act [Chapter 21:03] in that he was found in unlawful possession of 31.0659 grammes of Reef Gold valued at $1 667 922.00. On those facts the accused was sentenced to pay a fine of $500 000.00 or in default of payment 10 months imprisonment. In addition 12 months imprisonment was suspended on the usual conditions of good behaviour for a period of 5 years. The reef Gold concerned was forfeited to the State. More


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