Court Judgements




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EDSON NYAMAPFENI VERSUS THE CONSTITUENCY REGISTRAR MBERENGWA EAST AND THE ZIMBABWE ELECTORAL COMMISSION AND THE MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS AND DOUGLAS MOMBESHORA AND CLEVER KUGOTI (2008-02-22)
The appellant and the fourth and fifth respondents are aspiring parliamentary candidates. The appellant’s nomination papers were rejected while those of the fourth and fifth respondents were accepted by the first respondent. The second respondent is the Electoral Commission responsible for conducting elections in Zimbabwe. The third respondent is the Minister responsible for the administration of the Electoral Act (Chapter 2:13) and the Zimbabwe Electoral Commission Act (Chapter 2:12), herein after called the Electoral Act and the Zimbabwe Electoral Commission Act. More

EDWIN MUSHORIWA VERSUS ZIMBABWE BANKING CORPORATION (2008-01-31)
The applicant filed an application in this court seeking relief which is stated in the draft order as follows: The respondent’s termination of the applicant’s contract of employment effected on the 8th April 2005, and communicated to him by way of a letter dated 9th May be and is hereby set aside. Prior to this dispute the applicant was employed by the respondent as a personal banker until the 8th April 2005 when his contract of employment was unilaterally terminated by the respondent. More

ESTATE LATE ATTWELL GARANDE (REPRESENTED BY SHARPSTONE GARANDE) VERSUS CHIPO MASAITI AND PAUL MAPHOSA AND CITY OF HARARE AND MASTER OF HIGH COURT (2008-06-19)
On 6 February 2007 the applicant filed the present application. He prayed for an order that: a) the appointment of first respondent to the Estate Attwell Garande be and is hereby set aside b) the agreement of sale and agreement of assignment of stand No 6579 Budiriro 5B Harare done on 17 January 2007 be and is hereby set aside and the property reverts back to the Estate late Attwell Garande c) the third respondent be and is hereby interdicted from ceding this property to any third parties without the order of this Honourable Court d) the first and second... More

ESTATE LATE BRIDGET WAKAPILA VERSUS DENNIA MATONGO (IN HER CAPACITY AS THE EXECUTRIX IN THE ESTATE OF THE LATE PENSION WAKAPILA) AND DIRECTOR OF HOUSING AND COMMUNITY SERVICES OF CITY OF HARARE AND THE MASTER OF THE HIGH COURT (2008-07-31)
The late Pension Wakapila died on 28 May 1999. He was survived inter alia by his wife Bridget to whom he was married in terms of the Customary Marriages Act [Cap 5:07] on 5 August 1973. Bridget died on 6 September 2002. Their union was not blessed with children. Before they contracted the union, Pension had children by another woman while Bridget also had a son by another man. This son, Remigio Tawanda Chagonda, was appointed the executor dative of Bridget’s estate by the Assistant Master at Harare Magistrates Court on 6 March 2007, while the other woman in Pension’s... More

EXECUTIVE AIR (PVT) LTD AND RODNEY SPRINGER AND WILLIAM HURREL AND CAROLINE PUZEY VERSUS CIVIL AVIATION AUTHORITY OF ZIMBABWE AND PROFESSOR HASU PATEL AND D CHIWOTA (2008-07-03)
On the turn, I granted an order finding the respondents in contempt of an order of this court and committed the second and third respondents to prison and there to be held until the order of this court, granted on 13 February 2008 is complied with or set aside, whichever occurs sooner. The committal of the second and third respondents was suspended for four days from the date of service of the order upon each of them to give them an opportunity to purge their contempt. More

FLORENCE MACHINGA VERSUS SIMBANEUTA MUDARIKWA (2008-07-04)
On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate on behalf of the Movement for Democratic Change “MDC” for the House of Assembly seat for the Uzumba constituency. The respondent represented Zimbabwe African National Union [Patriotic Front}”ZANU PF” for the seat in that constituency. On 31 March, 2008 the respondent was declared the winner of that seat. More

FLORENCE NYANDORO AND LATE ESTATE BENARD NYANDORO VS MAX NYANDORO AND ESTATE LATE NELSON NYANDORO AND THE MASTER OF THE HIGH COURT AND THE REGISTRAR OF DEEDS (2008-10-16)
The first plaintiff is the widow of the late Benard Nyandoro while the first defendant is the son of the late Nelson Nyandoro. Bernard was the elder brother of Nelson. The tussle in the present matter is between the first plaintiff and her nephew, the first defendant, over the ownership of Stand Number 748 – 3rd Street Hatcliffe (748) in Harare. This immovable property was purportedly acquired and developed by Bernard but was registered in the name of Nelson. Nelson never resided at this property. He lived with his wife and children at another house in Hatcliffe that was registered... More


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