Court Judgements




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JOHN TRANOS MATUKUTIRE VERSUS THE MEDICINES CONTROL AUTHORITY OF ZIMBABWE (2008-07-16)
: This is an application to review the decision to cancel applicant’s premises and person’s licences by respondent in its statutory capacity as the issuing authority. The facts surrounding this dispute are virtually common cause. More

JOOSBI OMAR VERSUS TONGAI MATUTU AND RAY MUZENDA AND LUCIA MASEKESA AND JOUBERT MADZUMWE AND THE ZIMBABWE ELECTORAL COMMISSION (2008-08-13)
The hearing of argument on the preliminary points arising from this election petition was consolidated with hearings in seven other cases. I have already handed judgment in some of the eight petitions as I deemed it administratively convenient to hand down a judgment in respect of each petition, while making reference to the submissions made during the consolidated hearing. More

JOSEPH CHINGUWA VERSUS CHARLES SIGUDU AND THE CHAIRMAN FOR THE ZIMBABWE ELECTORAL COMMISSION AND THE ZIMBABWE ELECTORAL COMMISSION (2008-06-20)
The petitioner challenged the respondent’s election as councilor during 29 March, 2008 harmonized elections. The matter was referred to the Electoral Court for determination of the following issues: 1. Whether the petitioner is properly before the court in the absence of security for costs; 2. Whether the first respondent obtained clearance in terms of s 119 (5) of the Electoral Act [Cap 2:13]; and 3. Whether the election of the first respondent is valid in the circumstances. More

JUSTIN TAONEHAMA SAMUDZIMU VERSUS SITHANDIWE MIRANDA NGWENYA (2008-10-16)
The applicant seeks interim custody of the two minor children on the basis that the respondent, who was by consent awarded custody on 16 June 2005, has denied him access to the children. In addition he averred that the respondent has relocated to South Africa and has left the children in the care of her mother in Bulawayo. The respondent did not only oppose the application but filed a counter application seeking authority to remove the children from the jurisdiction of this Court. The applicant also opposed her counter application. More

LLOYD GAMBIZA VERSUS PIKIRAI TAZIVA (2008-08-27)
On 1 March 2007, the plaintiff issued summons out of this court for an order as follows: a)an order declaring the agreement annexure A to the particulars of the claim dated 18 December 2006, to have been validly cancelled and incapable of performance. b) an order for the return to the plaintiff of motor vehicle Mitsubishi Chariot Reg number AAN 8616, or alternatively c) Payment of the sum of R17 000-00 being the balance of the purchase price due to the plaintiff d) Costs of suit The facts which give rise to the dispute are these. The plaintiff and the... More

LOVENESS SENGEREDO VERSUS ERIC CABLE N.O. (2008-04-02)
On 12 September 2006, the applicant obtained an order from this court compelling Africa International Removals to pay her the sum of $4 441 841, 67 together with interest thereon, to deliver to her vehicle and a mobile phone together with a line for use in that phone. A warrant of execution was taken out against the defendant and some vehicles belonging to the defendant were attached in execution. A few days after the attachment, the defendant paid the amount levied on the warrant in full. The motor vehicle and the mobile phone handset were not delivered, prompting the applicant... More

MASIMBA KUCHERA AND MICHAEL MUZA AND TAFADZWA RUGOHO VERSUS THE MINSTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (2008-03-28)
This matter was filed as an urgent chamber application in terms of Rule 241 of the High Court Rules. The applicants were seeking the following urgent relief: “Pending the confirmation or discharge of the provisional order, the following provisional order is granted: 1. The Presidential Powers (Temporary Measures) (Amendment of Electoral Act) (No 2) Regulations, 2008 SI 43/2008, published in Government Gazette Extra Ordinary on 17 March 2008, shall not be applied in respect of the elections on 29 March 2008. 2. Section 59 and 60 of the Electoral Act [Chapter 2:13] as amended by the Electoral Laws Amendment Act,... More


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