Court Judgements




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JEALOUS MARIMUDZA VERSUS MAFFACK PROPERTIES (PRIVATE) LIMITED AND LOVEMORE MAFUTA AND THE TRUSTEES OF B.S. LEON TRUST N.O. AND WESTWINDS REALTY (PRIVATE) LIMITED AND THE REGISTRAR OF DEEDS N.O. (2006-02-17)
After hearing submissions in argument from both legal practitioners I dismissed this application with costs on the ordinary scale and indicated that my written reasons would follow in due course. These are they. On 27 September 2005 the applicant and the 1st respondent represented by the second respondent concluded on agreement of sale of an immovable property known as Stand 195 Monavale Township measuring 36953 square metres for a purchase price of seven billion dollars ($7 000 000 000 .00) More

JENNIFER CHINHO VERSUS LORRAIN CHINHO AND ZESA HOLDINGS (PRIVATE) LIMITED AND THE ZIMBABWE POWER COMPANY AND ZESA PENSION FUND AND THE MANAGER ZESA POWER STATION (BULAWAYO) AND THE MASTER OF THE HIGH COURT OF ZIMBABWE (2006-09-20)
The applicant was seeking for an order in the following terms: “IT IS ORDERED AND DECLARED THAT: 1. The applicant is the late IRVINE CHINHO’S surviving spouse and has all the rights and is entitled to privileges and benefits accorded by law to a spouse (wife) of the said deceased person; 2. The 2nd to 5th respondents be and are hereby interdicted from paying directly to the 1st respondent pensions, benefits or money owing or payable to the Estate of the late IRVINE CHINHO and be ordered to pay the same to the 6th respondent’s office; 3. The 6th respondent... More

JEROME OKEKE VERSUS M DURO AND COMPANY (PVT) LTD (2006-06-21)
The plaintiff hails from Nigeria and is in Zimbabwe on a permanent residence permit. His country of origin would have deserved no mention whatsoever in this judgment were it not for an unjustified attack on the people of his nation and other foreign nationals by the Cranford Court Home Owners Association, (“the association”), a voluntary organization that owns and administers a block of flats in Central Avenue, Harare. More

JOSEPH MUCHAPONDWA AND VENENCIA MADAKE AND THE PROVINCIAL MAGISTRATE, HARARE AND EDSON MUVINGI AND THE MESSENGER OF COURT AND THE REGISTRAR OF DEEDS (2006-03-06)
This is an urgent chamber application. The applicant is seeking the following interim relief; “1. The second, fourth and fifth respondent are hereby interdicted from transferring the immovable property known as Number 1110 South View Uplands, Waterfalls, Harare to the 3rd respondent. 2. The first respondent shall not enforce the orders granted by this Honourable Court in Case No. HC 6626/05 and by the Magistrate in Case No. 11317/05. 3. This provisional order shall remain in operation notwithstanding the noting of the appeal against it.” More

JOYCE MWACHINDUKA PLAINTIFF AND MINISTER OF HOME AFFAIRS FIRST DEFENDANT AND POLICE COMMISSIONER SECOND DEFENDANT AND MINISTER OF DEFENCE THIRD DEFENDANT AND COMMANDER OF ARMY FOURTH DEFENDANT (2006-05-17)
On the 8th August 2001, Plaintiff’s husband Samuel Masiyatsva, died in a shooting incident involving the police and army officers who had been called to deal with industrial action involving employees of a company called Zimbabwe Iron and Steel Company (ZISCO). Plaintiff’s husband was one of about 4 000 employees who were involved in the industrial action. More

KEITH ZITA VERSUS THE STATE (2006-08-02)
The accused was arrested and detained in custody on 3 counts of murder and one count of attempted murder. He allegedly shot dead his girlfriend, her father and her sister. He also shot and seriously wounded his girlfriend’s mother in the same fracas. He subsequently appeared in court and was remanded in custody where he remains incarcerated up to this date. More

KENNEDY MASVAURE VERSUS THE STATE (2006-03-29)
This is an application by an accused in a criminal trial for a review of the decision of the Magistrate sitting at Harare dismissing his application to alter his plea from guilty to not guilty after verdict. The accused had pleaded guilty to a charge of contravening section 27 of the Fire Arms, [Chapter 10:09] before the magistrate on 15 October 2003. The plea was dealt with in terms of section 271(2)(b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. The accused was initially unrepresented. The charge was put. He pleaded guilty. Agreed facts were read to the accused More


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