Court Judgements




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MAXWELL GOMERA VERSUS ZIMBABWE BANKING CORPORATION LIMITED (2006-02-15)
The plaintiff operates a foreign currency denominated account with the respondent bank at one of its Harare branches. It is common cause that as at 12.00 noon on 24 February 2003, the plaintiff’s account reflected a credit balance of US$11 694.11. It is further common cause that on 25 February 2005, the plaintiff instructed the bank to telegraphically transfer to a named beneficiary, the sum of US$11 0000-00. As he was leaving the bank after the transaction, he was approached by an employee of the bank, one Murape, who inquired as to whether he had US$5 000-00 for sale. The... More

MAXWELL KUFAKUNESU CHISVO AND ANOTHER VERSUS NELSON PETER AND OTHERS (2006-03-01)
The plaintiffs in this case seek the ejectment of all the defendants (who are 30 in all), and of all persons claiming title through them, from the property known as Railway Farm 26, in Chegutu. At the inception of the trial of this matter, the plaintiffs formally withdrew their action against the 31st defendant, namely, the Minister of Lands, Agriculture and Rural Resettlement. Plaintiffs’ counsel also sought judgement by default as against those defendants who were not personally present at the trial. However, counsel for the defendants submitted that the 8th defendant, Jeremiah Chikepe, had been appointed and authorised to... More

NEVER MUNHUMAYENGWA VERSUS DETECTIVE CONSTABLE NYONI AND DETECTIVE INSPECTOR GAWAZA AND THE COMMISSIONER OF POLICE (2006-03-08)
The applicant was picked up by the police on Sunday 5 February 2006. He was taken to Matapi Police Station where he was detained without charge. On 6 February 2006, the investigation of the matter was turned over to the 1st respondent. On the same day around 4.30 p.m. the 1st respondent and 2nd respondents proceeded to applicant’s workplace, Dockson Investments (Private) Limited, in Shamva. In Shamva, they received information that the applicant had committed fraud or theft against his employer. The two respondents then investigated the matter and on Wednesday 8 February, took the applicant to court for his... More

NOLLEN KAWADZA VERSUS THE STATE (2006-06-07)
At the hearing of this application, I dismissed the application and gave brief reasons for my decision. The applicant has now indicated an intention to seek leave to appeal against that decision. What follows are my brief reasons for that decision. More

OLD MUTUAL PROPERTY INVESTMENTS VERSUS METRO INTERNATIONAL (PRIVATE) LIMITED AND THOMAS MEIKLES CENTRE (PRIVATE) LIMITED (2006-05-11)
This is an application for a declaratur on the meaning of the word “supermarket” in the context of two lease agreements entered into between the applicant and the two respondents in respect of premises demised within the Westgate Shopping Complex in Harare (“the Complex”). More

OLINDA CHAWORA AND RESERVE BANK OF ZIMBABWE (2006-06-28)
Applicant is employed by the respondent as its Division Chief-in-charge of Financial markets. She has been employed by the respondent since 1980 in various capacities. She has approached this court seeking an order declaring the disciplinary proceedings initiated by the respondent against her as a nullity and an order compelling the respondent to comply with the provisions of section 2(6)(b) as read with section 8 of Statutory Instrument 186 of 2003, Labour Relations (Retrenchment Regulations) 2003. More

PAMBANA KUDAKWASHE VERSUS MUZIRA MATHIAS AND CHITUNGWIZA MUNICIPAL COUNCIL AND BLANDINA DZIVA (2006-05-11)
This is an application for an order evicting the 1st respondent from Stand No. 15724, Unit “P” Seke, Chitungwiza, and all others claiming rights of occupation in the stand. The applicant also seeks cession of the 1st respondent’s rights, interests and title in the stand to herself. More


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