Court Judgements




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BISHOP ELSON MADODA JAKAZI AND BOARD OF TRUSTEES, ANGLICAN DIOCESE OF THE PROVINCE OF CENTRAL AFRICA VERSUS THE ANGLICAN CHURCH OF THE PROVINCE OF CENTRAL AFRICA. AND REVERENT JOSEPH CHIPUNDLA AND RT. REVERENT RALPH PETER HATENDI (2010-05-19)
The applicant in his founding affidavit states that he is a dully consecrated and enthroned Bishop currently heading the Anglican Diocese of Manicaland. The second applicant is the Anglican Board of Trustees for the Diocese of Manicaland whereas the first respondent is the Church of the Province of Central Africa. More

BISSY BEE (PVT) LTD VERSUS GRAIN MARKETING BOARD AND BRUKMARK MICROFINANCE (PVT) LTD AND DEPUTY SHERIFF-CHITUNGWIZA (2010-07-20)
The applicant is seeking a stay of execution of a judgment granted in default on 31 May 2010. Summons that gave rise to the default judgment were served on the second respondent whose address of service was cited as Stand 223 Makoni Shopping Centre, Chitungwiza. However, the writ of execution, notice of seizure as well as notice of removal give the second respondent’s address as stand number 20924 Unit ‘G’ extension Shopping Centre. More

BLESSMORE CHANAKIRA VERSUS TAWANDA MAPFUMO AND W.R. GABRAITH (2010-07-21)
On 29 October 2008 the applicant and the first respondent entered into a written agreement in terms of which the applicant advanced to the first respondent the sum of one hundred thousand United States dollars (the equivalent then of two hundred Old Mutual Ordinary Shares, listed on the Stock Exchange). As a return on this investment, it was agreed that the applicant would be entitled to thirty percent of the capital sum invested “each and every month” regardless of the performance of the investment. The thirty percent return was to accrue without deduction each and every month the capital sum... More

BRANSON MARKETING (PRIVATE) LIMITED VERSUS NATIONAL BLANKETS LIMITED (2010-02-17)
This is an application for execution pending appeal arising from my judgment of 7 November 2007 in which I ordered National Blankets Limited to pay Branson Marketing (Pvt) Limited the sum of ZAR 720 607-07 and interest a tempore morae at the rate applicable in South Africa from the date of the service of summons to the date of payment in full plus costs of suit. It was filed on 2 July and opposed on 17 July 2008. More

CABINET MACHINGAMBI AND PATRICIA CHIMBALAMI AND SIMBAI MANGENA AND WALACE MATEMAYI AND MISHECK NJANI AND BRILLIANT MACHINGAMBI AND ALLEN MAWENI AND TONY KAPASARE AND KENNEDY MAHAFU AND JOHN LIKUKUMA AND BEAUTY SHOSHORE AND MEMORY KANDIRA AND JUSTIN MUDIMU VERSUS DOUGLAS NYAUDE AND D MNETSI ENTERPRISES AND REGISTRAR OF DEEDS (2010-07-14)
The thirteen applicants are members of Printers Housing Cooperative Limited. It is common cause that sometime around 2005 they concluded individual standard form contracts of sale with the first respondent Douglas Nyaude a registered estate agent practicing under the style of Graham and Douglas, Real Estate Agent. The contracts were in respect of the sale of certain pieces of immovable properties mentioned in their respective contracts. More

CAFCA LIMITED VERSUS RESERVE BANK OF ZIMBABWE (2010-09-15)
On 29 July 2008 the plaintiff issued summons against the defendant for the following relief:- “(a) payment of the sum of US$750 000.00. (b) interest a tempore morae at the London Interbank rate for United States dollars 3.5% per annum from 1 September 2005 to date of payment. (c) Costs of suit. More

CAROLINE MABAIRE VERSUS SHEPHERD JAILOSI AND THE MINISTRY OF TRANSPORT AND COMMUNICATIONS (2010-10-13)
Liability in this matter is admitted. The dispute concerns the measure of damages that is due to the plaintiff. On 1 June 2010 the parties filed a stated case, which reads: 1. It is common cause between the parties that on 15 November 2006 at No. 17 418 Flanagan Road Hillside Harare, the first defendant who was driving in the course and scope of his employment drove a Mazda B2500 registration number R58PY onto the plaintiff’s property. More


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