Court Judgements




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CAVIN CHIFAMBA VERSUS NORBERT MUTASA AND GUARANTEE TRUST (PVT) LTD AND M V CHIZODZA (2008-03-04)
The plaintiff is resident in the United Kingdom. Sometime in 2003, he telephoned one Simbarashe Sagonda and Thomas Makwangudze, relatives of his, to proceed to view a property that was being offered for sale through the agency of the second defendant. The property, whose description and location in Ruwa was known to the second defendant’s property negotiator, “Nyasha”, is owned by the first defendant who holds freehold title to the land. More

CECIL MADONDO (IN HIS CAPACITY AS THE DULY APPOINTED LIQUIDATOR OF CENTURY DISCOUNT HOUSE LTD) VERSUS ZIMBABWE BANKING CORPORATION (2008-01-30)
The relief sought in this application is for a declaratory order that certain Grain Marketing Board (GMB) bills belonging to Century Discount House (CDH) and delivered to the Zimbabwe Banking Corporation (Zimbank) on 5 December 2003 are assets of CDH and that consequently the liquidator of CDH is entitled to recover from Zimbank the full maturity value of the bills, namely $4 billion ($4 million in the new currency) together with interest thereon from 3 March 2004 being the date of maturity of the bills to date of payment. More

CHARLES MALOYA APPLICANT (IN HIS CAPACITY AS FATHER AND NATURAL GUARDIAN OF BEATRICE MALOYA, A MINOR) VERSUS MR NYAMUPFUKUDZA (IN HIS CAPACITY AS EXECUTOR IN THE ESTATE OF CHRISTOPHER P MCNAMARA) 1ST RESPONDENT AND MASTER OF HIGH COURT 2ND RESPONDENT (2008-11-26)
The applicant seeks an order, in terms of s 3 of the Deceased Persons Family Maintenance Act [Cap 6:03] (“the Act”) that Stand 140 Upper East Road be awarded to the minor child Beatrice Maloya (“Beatrice”). More

CHARLES NYACHOWE VERSUS BOHEKE FARMING (PRIVATE) LIMITED AND KENNETH VAUGHAN SHERRIFFS AND COGHLAN WELSH & GUEST AND MESSENGER OF COURT, NORTON AND MINISTER OF STATE RESPONSIBLE FOR NATIONALL SECURITY, LANDS, LAND REFORM AND RESETTLEMENT IN THE PRESIDENT’S OFFICE (2008-09-26)
This application is a sequel to the urgent application in case No. HC 5075/2008 in which the 1st and 2nd respondents were granted an order restoring to them access to the farm and ejecting the applicant from the farm. The background to that case is that the applicant was issued with an offer letter by the 5th respondent permitting him to occupy the farm. He moved onto the farm. The 1st and 2nd respondents filed the application in Case No HC 5075/08 alleging that the applicant was interfering with their occupation of the farm and therefore seeking an order for... More

CHARLES VICTOR GURUPIRA AND AGNES GURUPIRA VERSUS THE SHERIFF OF ZIMBABWE N.O AND MAXWELL CHISVO AND INTERNATIONAL FINANCE CORPORATION (2008-09-03)
This an application for rescission of judgment by default entered against the applicant on 6 September 2004 in HC 7428/03 dismissing an application by the applicants seeking the setting aside of the confirmation of the sale by first respondent of an immovable property. More

CHEMIST SIZIBA AND HAWKHOPE INVESTMENTS (PRIVATE) LIMITED VERSUS RIJIK PEACY DANCKWERTS AND CRAIG JOHN DANCKWERTS AND DANBRO HOLDINGS (PRIVATE) LIMITED (2008-07-23)
The first plaintiff is a well known businessman with various interests in the business sector. The second plaintiff is duly registered company with limited liability. The third defendant is a company duly registered in accordance with the laws of this country. The first and second defendants are shareholders in the third defendant. The plaintiffs have issued summons against the defendants for a declaratur to the effect that the cancellations by the defendants of agreements of sale embodied in Annexures ‘F’ and ‘G’ be declared invalid. More

CHURCH OF THE PROVINCE OF CENTRAL AFRICA VERSUS DR NOLBERT KUNONGA AND REVEREND MUNYANYI AND COMMISSIONER GENERAL OF POLICE N.O. AND ASSISTANT COMMISSIONER MAZANGO (2008-05-02)
This matter came before me on a certificate of urgency on 28 April 2008. After hearing submissions from counsel I granted a provisional order in the following terms: "1. Pending determination of this matter, the applicant is granted the following relief; a) The applicant is hereby granted leave to enforce and execute the provisional order granted by this Honorable Court in case number HC 345/08 as clarified in case number HC 402/08. b) The first, second, third, and fourth respondents be and are hereby interdicted and restrained from interfering with the applicants church services at church premises held in accordance... More


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