Court Judgements




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CUTHBERT MHISHI VERSUS THE STATE (2009-07-30)
: The appellant was convicted on his own plea of guilty to contravening s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] (Culpable Homicide). The facts of the matter are that on 9 August 2008 at 1700 hours, and at Dema, the appellant, who is employed by the Zimbabwe Electoral Commission, ran over the deceased, 12 years of age, with a vehicle which he was driving and the deceased died on the spot. Upon conviction, the appellant was sentenced as follows: a) Seven months imprisonment, of which four months imprisonment was suspended for five years on condition... More

GMD FOOD CATERING (PRIVATE) LIMITED VERSUS DESMOND MORRIS AND THE DEPUTY SHERIFF FOR ZIMBABWE (2009-06-24)
The applicant in this case seeks an order interdicting and prohibiting the first and the second respondents from proceeding into the sale in execution of the assets laid under seizure and attachment on 30 April 2009 pursuant to the enforcement of a writ of Execution against property issued by this Court on 2 August 2006. More

KWIK-PAK (PRIVATE) LIMITED VERSUS EDWARD MASHIRINGWANI AND SHEPHERD MAKONI (2009-11-04)
On 30 October 2009 the applicant company filed an urgent chamber application seeking spoliatory relief. The draft order was couched in these terms: TERMS OF THE FINAL ORDER SOUGHT That you show cause why an order in the following terms should not be granted; 1. That respondents or any person acting on their behalf shall be and are hereby barred from in any way interfering with applicant’s possession and control of the portion of Friedwell Farm (that it controlled immediately before 29 October 2009), including in any way interfering with the possession by the applicant’s workers of the farm compound... More

MATANDA (PRIVATE) LIMITED VERSUS MINISTER OF NATIONAL SECURITY, LANDS, LAND REFORM AND RESETTLEMENT IN THE PRESIDENT OFFICE AND THE RESIDENT MINISTER AND GOVERNOR FOR THE PROVINCE OF MASHONALAND WEST AND THE PROVINCIAL ADMINISTRATOR FOR THE PROVINCE OF MASHONALAND WEST AND ONIAS GOTORE AND VINCENT MARIGA AND NGONIDZASHEHOVE AND CHASAUKA AND NYAMOMBE (2009-11-11)
The basis of the application is that the applicant is the current owner of a certain piece of land called Lot 1 of Orange Grove Hartley (“the farm”). On 12 December 2003 the Minister of Lands, Land Reform and Resettlement (the Minister) published a notice of acquisition of the farm in the Government Gazettee. More

NEVER BVOCHORA VERSUS DOUGLAS TOGARASEI MWONZORA (IN HIS CAPACITY AS THE EXECUTOR DATIVE OF THE ESTATE LATE I V RUKATYA) (2009-06-24)
HUNGWE J: The plaintiff issued summons against the Executor Dative in the Estate of the late I.V. Rukatya of Chiredzi claiming an order that the cancellation of the Agreement of Sale by the defendant be set aside; that the plaintiff pays to the defendant the sum of Z$400 million (old value) within seven days; that the defendant takes all the necessary steps to pass transfer of plot No. 339 Mkwasine Settlement Holdings, Ndanga District to the plaintiff within 21 days of this order failing which the Deputy Sheriff be authorised to sign all papers necessary to pass such transfer to... More

PARADZAYI CHAZOVACHIYI APPELLANT ZIMBABWE REVENUE AUTHORITY RESPONDENT (2009-06-24)
Appellant appealed to this Court against his dismissal from employment by Respondent. The grounds of appeal read, “1. No evidence was led to prove the allegations for example there were no witness (sic) to substantiate the allegations. 2. The Appellant was convicted on mere allegations. 3. The Appellant gave evidence which was not contradicted and therefore should have been acquitted. The evidence given by the Appellant shows that he had not committed any form of misconduct and therefore the finding of guilt was not justified. 4. There was no proper trial.” More

ROY LESLIE BENNETT VERSUS THE STATE (2009-09-16)
The applicant seeks admission to bail pending his trial in this court on Monday 19 October 2009 at Mutare. More


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