Court Judgements




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G VERSUS G (2008-04-02)
The plaintiff and the defendant were married at Harare on 5 September 1998. Two daughters were born of the marriage. These were born in 2001 and 2004 respectively. On 31 January 2007, the plaintiff issued summons praying for a decree of divorce to issue on the grounds that his relationship with the defendant had broken down to such an extent that there is no possibility of reconciliation. More

GIBSON MUDIMA VERSUS COMMISSIONER GENERAL ZIMBABWE REVENUE AUTHORITY (2008-09-24)
: The revenue authority still has to find ways to endear itself to the public. Throughout the times, the tax collector has been called many unsavory names. In the trial before me, the defendant was called a day light robber. More

GODFREY MAFUTA VERSUS MADONDO GUTU MODERN STORES (2008-03-07)
The appellant issued summons against the defendant on 15 October 2002, claiming the delivery of 6 heifers or payment of the sum of $198 000-00 as representing the value of the heifers. The appellant had the summons served upon one Tinashe Madondo, an accounts manager at the defendant’s stores. No appearance to defend the action was filed and a default judgment was duly entered against the defendant. In due course, the default judgment was rescinded. More

HILLARY SIMBARASHE VS ZIMBABWE ELECTORAL COMMISSION AND MABEL CHINOMONA (2008-06-09)
The brief facts in this matter are as follows. On 29 March 2008, the harmonized presidential, parliamentary and council elections were held in Zimbabwe. Hillary Simbarashe, the petitioner, stood as an independent candidate for the House of Assembly seat in the Mutoko North constituency. The elections were run and conducted by the Zimbabwe Electoral Commission, the 1st respondent. Mabel Chinomona, the 2nd respondent, of the Zimbabwe African National Union (Patriotic Front) ZANU (PF) was one of the candidates who battled it out with the petitioner. On 31 March 2008, she was declared the winner. More

HOMEPLUS INVESTMENTS (PVT) LTD VERSUS KANTHARIA INSURANCE BROKERS (PVT) LTD AND GLOBAL INSURANCE COMPANY (2008-03-05)
On 26 August 2004, the plaintiff instituted proceedings in the High Court wherein it sued for $60 000 000.00 being the sum assured in terms of a motor vehicle comprehensive policy it held with second defendant. The first defendants were the insurance brokers who facilitated the policy. More

IAN MUTETO MAKONE AND THE MOVEMENT FOR DEMOCRATIC CHANGE (MDC) VERSUS THE CHAIRPERSON OF THE ZIMBABWE ELECTORAL COMMISSION. AND THE REGISTRAR-GENERAL OF VOTERS (2008-03-13)
The first applicant is a nominated parliamentary candidate for the Movement For Democratic Change, the (“MDC”). He will stand for the Goromonzi West House of Assembly constituency seat in Mashonaland East Province. The second applicant is the Movement for Democratic Change a political party which fielded candidates for the presidential, parliamentary, senatorial and local council elections. More

IN RE: GRAPHIC AGE ADVERTISING (FOR AN ORDER OF PROVISIONAL MANAGEMENT) (2008-10-23)
:After hearing argument in this matter I dismissed the applicant’s application with costs pegged on attorney – client scale. I indicated my elaborate reasons would follow. Here they are:- BACKGROUND The applicant and the respondent were both co-shareholders and co-directors in a company called GRAPHIC AGE (PRIVATE) LIMITED, a company duly registered in accordance with the laws of this country. In December 2006 the applicant resigned as Director of the company and the respondent, in accordance with the parties’ shareholders’ agreement swiftly moved to exercise his pre-emptive rights to acquire the entire shareholding in the company. This, he did after... More


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