Court Judgements




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ELIZABETH KAMANGA VERSUS ESTATE LATE BUTE CHIKONDO AS REPRESENTED BY OSWALD BUTE CHIKONDO IN HIS CAPACITY AS EXECUTOR AND MERCY BUTE CHIKONDO AND CITY OF HARARE AND MASTER OF THE HIGH COURT (2011-04-07)
The plaintiff issued summons out of this court seeking an order in the following terms: 1. “That plaintiff be declared the owner of stand No 6203 Mabvuku. 2. That second defendant facilitates that the first defendant cedes to the plaintiff Stand No. 6203 Mabvuku within 7 days of granting this order failure of which the Deputy Sheriff is authorized to sign all necessary documents to effect transfer into plaintiff’s name. 3. That the third defendant accepts and act on the documents signed by the deputy sheriff should first and second defendants fail to comply with clause 2. 4. That the... More

ELTON MANGOMA VERSUS THE STATE (2011-03-15)
This is an application for bail pending trial. On 11 March 2011 the applicant was indicted by the magistrate sitting at Harare for trial on 28 March 2011 at the High Court. As he was mandated to do by s 66 (2) of the Criminal Procedure and Evidence Act [Cap 9:07], the indicting magistrate committed him to prison pending trial. The same provision allows the applicant to seek bail if he so desires, hence the present application. More

EPHRAIM MAKOMEKE VERSUS STATE (2011-06-02)
The appellant was convicted of contravening s 66 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] for which he was sentenced to ten years imprisonment of which six years were suspended on condition of good behavior. He noted an appeal against both conviction and sentence More

ERICSON MVUDUDU VERSUS AGRICULTURAL AND DEVELOPMENT AUTHORITY (ARDA) (2011-11-23)
The applicant was employed by the respondent as its Chief Executive Officer. On 27 October 2010 he obtained an arbitral award against the respondent under the Labour Act [Cap 28:01] in the following terms: “In the final analysis therefore, I order that respondent pay the claimant as follows: 1. Backpay and benefits in the sum of US$19 384-09 2. Cash in lieu of leave 3. Sixty (60) months salary from 26 January 2010 as damages for loss of employment in the sum of US$60 540-00 4. Sixty (60) months salary as punitive damages in the sum of US$60 540-00 5.... More

ESTHER CHIYADZWA VERSUS BETTY MAGUWU (2011-01-28)
On 11 March 2010 the plaintiff issued summons out of this court seeking the eviction of the defendant from stand 3667 Township of Gweru Township Lands. Whilst accepting that the plaintiff is the registered owner of the property the defendant resisted the prayer sought by the plaintiff on the basis that she had been invited and offered accommodation by the plaintiff as part of her employment by the plaintiff. The defendant also filed a counter claim where she alleged that as a result of her employment by the plaintiff from 1999-2009 she had accumulated the sum of $6 274-80 in... More

EVERSON MUSIMBIRA VERSUS TENDAI NYAHOJA (2011-08-18)
This matter relates to two appeals. As both records were placed before us we decided to determine both appeals together. The first appeal is an appeal against the magistrates Court sitting at Chinhoyi dated 26 April 2005. In this case the court made an order for the eviction of the appellant from house 255 Kuwadzana Banket, payment of rent in the sum of Z$20 000 per month from date 8 July 2003 and costs of suit. Following the noting of an appeal by the appellant against this judgment, the respondent applied for and was granted leave to execute the order... More

FAISAL MUHAMMAD AND SHEIKH ABDUL SALAM VERSUS PRINCIPAL DIRECTOR OF IMMIGRATION AND CO-MINISTERS OF HOME AFFAIRS (2011-03-14)
The applicants who are father and son hail from Pakistan. They came to Zimbabwe sometime in 2008 as investors. On 3 October, 2008 they were granted an investment licence by the Zimbabwe Investment Authority (ZIA). Their investment vehicle is styled Tonia Investments (Pvt) Ltd in which they hold 50% shareholding each. That investment licence was to endure up until 2 October 2010. It was renewed on 8 October 2010 to run for another 2 years up to 7 October 2012. In the investment licence the description of the investment is given as, “Manufacture of blankets, overalls, socks and jeans.’’ Under... More


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