Court Judgements




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CORONSEL INVESTMENTS (PRIVATE) LIMITED VERSUS SPAR HARARE (PVT) LTD T/A ARUNDEL VILLAGE SPAR (2006-05-10)
Applicant is claiming from respondent payment of $255 689 400 for goods delivered to respondent. Applicant has averred that on 30 August 2005, following telephonic communication with one Bernard, respondent’s employee, it provided a quotation for 200 rolls of thermal shelf talkers and 1000 rolls of thermal computer labels. Orders were placed by the respondent as per the quotation. The 200 rolls of thermal shelf talkers and 1000 rolls of thermal computer labels were duly delivered to respondent on 5 September 2005 and received by the respondent’s employees. On 6 September 2005, a Mr Alan Pirie, the general manager of... More

COURTESEY CONNECTION (PVT) LTD AND STANLEY MTETWA VERSUS DAVID MUPAMHADZI (2006-05-24)
On 1 September 2004, one C A. Banda, acting as an arbitrator between the above parties, made available his award in which he upheld the agreement of sale and construction between the parties. In his award, he ordered the applicants to transfer certain piece of land to the respondent and to complete the construction of developments on the piece of land as per the agreement. More

DAVID TOBAIWA VERSUS CLEMENCE KASEKE AND BEATA KASEKE AND THE DIRECTOR OF HOUSING AND COMMUNITY SERVICES (2006-07-05)
On 24 September 2002, the applicant purchased certain rights, title and interest that the 1st respondent had in respect of certain immovable property in Norton. He paid the asking price in full in the sum of $1,9 million. The agreement of sale was reduced to writing. After paying the purchase price, he demanded that the seller cede to him the rights, title and interest that he had purchased. He was informed that the Norton Town Council was refusing to accede to the cession as it required the consent of the 2nd respondent, estranged wife of the 1st respondent. More

DAVISON CHIROMBO VERSUS PUBLIC ACCOUNTANTS AND AUDITORS BOARD (2006-11-30)
This is an appeal against the decision of the Public Accountants and Auditors Board (hereinafter called the Respondent) that was communicated to the Appellant on 16 June 2005. More

DEES ENGINEERING (PVT) LTD VERSUS STANLEY NYAMHUKA AND FORTUNATE MUNEMBA AND LOGMUC ELECT (PVT) LTD (2006-01-16)
The plaintiff in this case claims payment in the sum of $29 million, together with interest at the prescribed rate, in respect of a cheque drawn on the account of the 3rd defendant and signed by the 1st and 2nd defendants. More

DEPUTY SHERIFF/HARARE VERSUS MIRIAM BWANYA AND SAMSON MUNYARADZI AND FIRST BANKING CORPORATION (2006-10-13)
This matter came before me by way of an interpleader notice issued by the Deputy Sheriff of Harare in terms of Order 30 of the High Court Rules 1971. In his notice, the Deputy Sheriff advised that on 12 April 2006, he attached the sum of $694 803 288-36 (old currency) in account No. 0830137660107, in the name of Safety Shield (Private) Limited, held with the third claimant. The attachment was at the instance of the second claimant who holds a judgment of this court against the directors of Safety Shield (Private) Limited. After the attachment, the first claimant filed... More

ELIZABETH MUSAVENGANA AND KUDAKWASHE CHIKWARA (IN HIS CAPACITY AS THE EXECUTOR DATIVE OF THE ESTATE LATE REBECCA DERERA) VERSUS SHEPHARD MUFUDZI CHIRISA AND AUDREY MUFUDZA AND BEVERLEY BUILDING SOCIETY AND REGISTRAR OF DEEDS (2006-03-22)
The first plaintiff’s name is Elizabeth Musavengana and not Rebecca Musavengana as was wrongly perpetuated in the pleadings in this matter, while the deceased who was represented by Kudakwashe Chikwara (the 2nd plaintiff) was during her life time called Rebecca Derera and not Elizabeth Derera as was also wrongly perpetuated in the pleadings. The two women were married to the same man in a polygamous union. I have mero motu corrected the errors in question as I conceive of no possible prejudice that would visit any of the parties involved in these proceedings. In any event, when the first plaintiff... More


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