Court Judgements




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BENCHILL INVESTMENTS (PVT) LTD VERSUS BATTERY WORLD (PVT) LTD (2010-11-16)
The facts that gave rise to this case arose in the financial tumultuous period of August 2008 when hyper-inflation wrecked the Zimbabwean economy. The plaintiff company issued summons out of this court on 24 July 2009 seeking specific performance and in the alternative contractual damages for breach of contract in the sum of US$4 000.00. The action was contested by the defendant company. More

BENIAS NYAHUNZVI VERSUS ESTATE LATE CLEVER NZANZA AND BESTER NZANZA AND THE MASTER OF HIGH COURT AND THE CITY OF HARARE (2010-10-11)
In this action the plaintiff seeks an order compelling the second defendant, in his capacity as the executor of the first defendant, to cede and transfer the first defendant’s rights, title and interest in stand, No. 14424/6 Kuwadzana, Harare (“the property”), into the plaintiff’s name, failing which, the deputy sheriff be authorised to sign all the necessary papers to effect such cession and transfer. The second defendant opposes the grant of the order sought and has filed a counter claim seeking an order to eject the plaintiff from the property. More

BENSON SAMUDZIMU VERSUS DAIRIBORD HOLDINGS LTD (2010-09-15)
The legal issue that arises in this chamber application is whether the provisions of the Labour Act [Cap 20:01] exclude the jurisdiction of the High Court in areas where the Labour Court has jurisdiction. More

BERNARD SIMBANOUTA GATAWA VERSUS W. NKATAZO (2010-03-17)
The plaintiff is the owner of certain business premises known as Sportlight Butchery and Bottle Store situate at Juru Business Centre, Chikwaka District, Goromonzi. The plaintiff was represented at the trial by his brother one Onias Gatawa duly authorized thereto by power of attorney granted to him by the plaintiff. More

BERNARD VENGAI VERSUS BENJAMIN CHUMA AND NEW DONNINGTON FARM (PRIVATE) LIMITED (2010-09-29)
On 10 September 2008 at around 7.30 pm the plaintiff was driving an E 200 Kompressor Mercedes Benz 1998 model from Gweru to Harare. At the 49 km peg, just before reaching Norton he drove into the back of a trailer. The trailer was being towed by a tractor driven by the first defendant during the course and scope of his employment with the second defendant. Both the trailer and the tractor belonged to the second defendant. More

BERNCORN (PVT) LTD T/A TWO KEYS TRANSPORT VERSUS ZIMBABWE REVENUE AUTHORITY (2010-03-03)
The applicant is a haulage company. At the time of hearing it operated a foreign currency account with Renaissance Merchant Bank Limited. In April 2007, the applicant applied, through its bank, to the Reserve Bank of Zimbabwe to use its foreign currency to procure a motor vehicle, a Mercedes Benze ML 320. The application was granted and the foreign currency was released by Renaissance Merchant Bank Limited with the approval of the Reserve Bank. Thereafter, the applicant procured its vehicle and imported it into the country. The respondent refused to accept import duty in local currency. It seized the vehicle... More

BIRCH WILLIAMS VERSUS MARIA KATSANDE AND DELITTE PRODUCTS (PRIVATE) LIMITED (2010-09-10)
Applicant seeks a provisional order in the following terms:- “Terms of the provisional order granted 1. Respondents be and are hereby ordered to forthwith hand over a property listed in Annexture ‘B’ to the founding affidavit to the applicant upon service of this order. 1(a) In the event of the respondents refusing or forbidding to comply with the terms of para 1 above, the Deputy Sheriff be and is hereby authorized to retrieve the said property from the respondents’ property and deliver it to the applicant. 2. Respondents are required to account for one applicant’s property sold prior to 14... More


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