Court Judgements




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DURURU TRANSPORT (PRIVATE) LIMITED VERSUS MICHELLE RUTENDO MUTAMUKO (EXECUTRIX TESTAMENTARY IN THE ESTATE OF TATENDA CALVIN MUTAMUKO) AND PREMIER BANKING CORPORATION LIMITED (2011-05-31)
PATEL J: This matter arises from a collision that occurred on 20 July 2009 between the plaintiff’s truck and a motor vehicle driven by the 1st defendant’s deceased husband. The plaintiff claims the replacement value of its vehicle, damages for loss of income and goods, together with interest and costs of suit More

DZINGAI NEVHUNJERE VERSUS SAM PARIRENYATWA & 5 OTHERS (2011-10-25)
On 20 October 2010 my brother UCHENA J granted a provisional order in favour of the applicant couched in this vein:- “INTERIM RELIEF GRANTED: Pending the final determination of this matter, the applicant is granted the following interim relief: (a) That the first respondents (sic) and all those claiming through them (sic) and acting under his instructions be and is hereby ordered not to disturb, disrupt or interfere, directly or indirectly, in any way with the applicant’s farming, agricultural and business operations and use of the rehabilitated and renovated borehole on state land adjacent to the applicant’s Plot Number 8... More

ECONET WIRELESS (PRIVATE) LIMITED AND REGGIE FRANCIS SARUCHERA (IN HIS CAPACITY AS CURATOR OF RENAISSANCE MERCHANT BANK LIMITED) (2011-09-21)
On 29 June 2011 in HC 5213/11 I issued a provisional order in favour of Econet Wireless (Pvt) Ltd as the applicant, against Renaissance Financial Holdings Limited as the first respondent and Reggie Francis Saruchera (in his capacity as the Curator of Renaissance Merchant Bank Limited) as the second respondent More

ECONET WIRELESS (PRIVATE) LIMITED VERSUS RENAISSANCE FINANCIAL HOLDINGS LIMITED AND REGGIE FRANCIS SARUCHERA (IN HIS CAPACITY AS THE CURATOR OF RENNAISSANCE MERCHANT BANK LIMITED (2011-07-15)
The applicant filed this urgent chamber application seeking a Provisional Order in the following terms as amended. TERMS OF FINAL ORDER SOUGHT “1. In the event of the respondents failing to discharge all of their obligations towards the applicant, including the payment of all capital amounts due and owing to the applicant together with all interest accrued, by 30th October 2011, the first respondent’s shareholding in Africa First Renaissance Corporation Limited, be transferred to the applicant. 2. The respondents pays costs of this application at an attorney and client scale with the one paying the other to be absolved More

ECONET WIRELESS (PRIVATE) LIMITED VERSUS RENAISSANCE FINANCIAL HOLDINGS LIMITED AND RENAISSANCE MERCHANT BANK CORPORATION (2011-06-08)
The applicant seeks a Provisional Order in the following terms as amended: “TERMS OF INTERIM RELIEF SOUGHT IT IS ORDERED: 1. That the first respondent’s share certificates in Africa First Renaissance Corporation Limited be deposited with the registrar, High Court, Harare pending the final determination of this application. 2. That the first respondent be and is hereby interdicted from transferring, disposing of or encumbering in any other way, their shareholding in Africa First Renaissance Corporation Limited pending the final determination of this application. 3. That the Respondents pay the costs of this application, the one paying the other to be... More

EDITH MAYISVA VERSUS MASTER OF THE HIGH COURT N.O. AND J.B. MEYBURGH N.O. (IN HIS CAPACITY AS THE EXECUTOR TO THE ESTATE LATE TOM PETERKINMAYISVA) (2011-11-23)
The applicant was married to the late Tom PeterkinMayisva under the Marriage Act, which is now [Cap 37] on 1 January 1970. Tom Mayisvathen passed away on 11 April 2006. The parties had five children. It is not in dispute that Tom Mayisva had a long term adulterous relationship with one LinahPilime and that four children were born out of this relationship. Mayisva had another long term adulterous relationship with Margaret Maramba with whom he had another five children. The applicant has no knowledge of the details pertaining to these children with the exception of two born in 1982 and... More

ELGATE INVESTMENTS (PVT) LIMITED 1ST APPLICANT AND ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY 2ND APPLICANT AND NATIONAL SOCIAL SECURITY AUTHORITY 3RD APPLICANT AND ZIMBABWE REVENUE AUTHORITY 4TH APPLICANT VERSUS THE MASTER OF HIGH COURT 1ST RESPONDENT AND WESLEY MILITALA 2ND RESPONDENT AND PARROGATE ZIMBABWE (PVT) LTD 3RD RESPONDENT AND DAVID WHITE HEAD RETRENCHES 4TH RESPONDENT AND COMMERCIAL BANK OF ZIMBABWE 5TH RESPONDENT AND CURRENT EMPLOYEES OF DAVID WHITE HEAD 6TH RESPONDENT (2011-05-23)
This is an urgent application filed on 2 February 2011 and the applicants seek the following relief: “Final Order 1. That the first respondent revokes the appointment of Wesley Militala as Provisional Judicial Manager of David Whitehead Textiles Limited for failure to give security for the proper performance of his duties in terms s 302(1)(b)(i) of the Companies Act [Cap 24:03] and appoints in his place a suitable person as the Provisional Judicial Manager of David Whitehead Textiles Limited. 2. That the first and second respondents pay the costs of suit at an attorney – client scale More


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