Court Judgements




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VIRGINIA CHIKADAYA [IN HER CAPACITY AS THE EXECUTRIX DATIVE OF CYRIL CHIKADAYA] VERSUS CLADIOS CHENGA AND ZAKEYO CHIKADAYA AND BEAUTY MPOFU AND REGISTRAR OF DEEDS (2010-09-10)
On 24 March 2009, the first defendant consented to the substitution of the plaintiff for her husband who died after litis contestatio. The full history of this case is reported in Chikadaya v Chikadaya & Ors 2000 (1) ZLR 343 (HC) and its sequel cyclostyled judgments of Chikadaya v Chikadaya & City Council of Harare SC 58/2001 and Chikadaya v Chikadaya & City Council of Harare HH 1 /2002. More

WFD NETWORK (PRIVATE) LIMITED AND J.W. JAGGER WHOLESALES (PRIVATE) LIMITED (2010-09-30)
The applicant seeks the winding up of the respondent on the basis that it is deemed to be unable to pay its debts by virtue of s 205 (a) of the Companies Act [Cap 24;03]. More

WILLIAM WACHENUKA APPLICANT VERSUS JOHN STRONG (PRIVATE) LIMITED 1ST RESPONDENT AND TOBS STRONG (PRIVATE) LIMITED 2ND RESPONDENT AND MINISTRY OF LANDS AGRICULTURE AND RESETTLEMENT 3RD RESPONDENT (2010-03-24)
After listening to the submissions made by both legal practitioners what has exercised my mind is whether or not this matter is urgent. What is apparent to me is that the parties have been in and out of this court on numerous occasion with allegations and counter allegations being thrown at each other as the parties stampeded on each other in order to obtain the court’s sympathy. More

YAKUB SURTEE VERSUS SHAUN EVANS AND PAUL FRIENDSHIP AND COLLIN MACMILLIAN AND RODNEY FINNIGAN AND ACROSS ENTERPRISES (PVT) LTD (2010-09-27)
In this application the applicant seeks the following relief: “1. The respondents be and are hereby held to be in contempt of this Honourable Court Order granted on 19 May 2009. 2. The respondents be and are hereby incarcerated for a period of ninety (90) days each. 3. Costs of this application shall be paid by the respondents”. More

Z MEREKI VERSUS FORRESTER ESTATE (PVT) LTD (2010-09-15)
The applicant approached this court seeking an order to rescind the order granted by this court on 1 April 2009 in HC 6379/07. He approaches the matter from two fronts He seeks rescission in terms of r 63 as well as in terms of r 449 of the High Court Rules (1971) (the rules). His basis for seeking the order is that he was not aware that the matter had been set down for a pre-trial conference. He did not receive the correspondence from his legal practitioners advising him of the set down date. He would receive correspondence from his... More

ZENUS BANDA VERSUS EUNICE TAYLOR, (LATER SUBSTITUTED BY) PAMELA LYNETTE YOUNG (THE EXECUTRIX OF HER ESTATE) AND GABRIEL REAL ESTATES AND REGISTRAR OF DEEDS AND MRS V MATEKO (2010-11-19)
The plaintiff Zenus Banda who will in this judgment be referred to as the plaintiff, was the first defendant’s tenant for many years before she decided to sale the property number 5, 7th Avenue Parktown, Waterfalls, Harare. More

ZIMASCO (PVT) LIMITED VERSUS FARAI MAYNARD MARIKANO (2010-07-21)
This is an opposed application wherein the applicant seeks the following relief:- “1 Respondent shall within two hours of the service of this order on him restore the following property to the applicant; (a) Mitsubishi Pajero 3.0 Registration Number AAV-5956; (b) laptop HP Compaq 6720; (c) Cellphone Samsung D880 2. The cost of this application shall be borne by the respondent”. More


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