Court Judgements




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CYRIL MURADZI VERSUS MAKACHIVEI MAROMO (2008-07-08)
On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate for the Movement for Democratic Change “MDC” for the Local Council seat in respect Ward 21 in the constituency of Mount Darwin West. The respondent represented the Zimbabwe African National Union [Patriotic Front}”ZANU PF” in that Ward. On 30 March, 2008 the respondent was declared the winner of that seat. More

DANIEL SHUMBA VERSUS THE CONSTITUENCY REGISTRAR MR MUSHANGWE AND CHAIRMAN OF ZIMBABWE ELECTORAL COMMISSION (2008-02-27)
: The appellant was an aspiring Presidential candidate in the 29 March 2008 harmonized elections. On the 15th of February 2008, he presented his nomination papers, to the 1st respondent who refused to accept them. He alleges that he arrived at the Nomination Court at around quarter to four while another aspiring candidate Advocate Justin Chihota was being attended to. He approached the 1st respondent who told him to await his turn as he the 1st respondent was attending to another candidate. He alleges that in spite of his having been asked to await his turn he was eventually told... More

DAVID EDWARD GARDNER VERSUS THE STATE (2008-07-22)
The appellant was convicted on two counts of contravening s 3 (1)(b) of the Sexual Offences Act [Chapter 9.2] and on one count of contravening s 7 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9.23]. On each count he was sentenced to 8 months imprisonment. Of the total 24 months, 12 were suspended on condition of good behaviour, leaving an effective sentence of 12 months. Dissatisfied with the conviction and sentence, the appellant noted an appeal to this court attacking both the conviction and the sentence. More

DHLIWAYO RODGERS VERSUS SHAUN MANDAA KUDINGA (2008-05-07)
This is an opposed application wherein the applicant seeks the following order: “1. The notice to terminate the lease agreement entered into between the applicant and the respondent on 28 August 2003 in respect of number 5 Jacaranda Close, Hatfield, Harare be and is hereby declared null and void. 2.The applicant shall be entitled to renew the lease agreement every three years effective from 1 October 2007 until 30 September 2013. More

DIOCESE OF HARARE VERSUS CHURCH OF THE PROVINCE OF CENTRAL AFRICA AND RETIRED BISHOP SEBASTIAN BAKARE (2008-01-30)
Applicant seeks the following interim relief: “Pending the final determination of this matter the applicant is granted the following interim relief:- That the first and second respondents and their followers be and are hereby interdicted from conducting church services in properties controlled by the applicant, or interfering with the business and ministry of the applicant. That the second respondent be and is hereby interdicted from holding himself out as a Bishop of the applicant, and conducting his ministry as such.” More

DR DANIEL SHUMBA VERSUS CHAIRMAN OF THE ZIMBABWE ELECTORAL COMMISSION AND ROBERT GABRIEL MUGABE (2008-12-10)
On 25 August 2008, the applicant presented, with the Registrar of this court, an Election Petition to set aside the Presidential Election and the subsequent Presidential Run off whose results were announced on 29 June 2008. He simultaneously filed the present application seeking condonation for the late presentation of the election petition. The basis for the application is found in paragraph 23 of the applicant’s founding affidavit. More

EDNA SONGORE VS JOSIAH GWEME AND JOSHUA SONGORE AND THE MASTER OF HIGH COURT (2008-10-16)
This is an application for the review of the Master’s decision of 3 September 2004 in which he approved the award of house number 1242 Unit A Chitungwiza (the immovable property) by Joshua Songore to Josiah Gweme. Josiah Gweme (the first respondent) counterclaimed for the eviction of the applicant from the immovable property. More


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