Court Judgements




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BEKITEMBA LENKOSI DUBE VERSUS LIZZY DUBE NEE SOKO (2011-07-24)
On 9 September 2009 the plaintiff issued summons out of this court seeking a decree of divorce on the basis of irretrievable breakdown custody of the two minor children, an order of sharing matrimonial property and that each party bears its own costs. The defendant filed her plea and counter claim on 8 October 2009 in which she sought an order for custody of the two minor children, maintenance for the two minor children, an order of sharing matrimonial property and post divorce maintenance for the defendant in the sum of US $250-00 until defendant secures a job or becomes... More

BEMBA FARM (PVT) LTD VERSUS ZIMBABWE HORTICULTURE AGROINDUSTRIES AND GENERAL AGRICULTURE WORKERS UNION AND GENERAL AGRICULTURE AND PLANTATION WORKERS UNION AND PHILIP MAHACHI AND SHEPHERD TABLE AND JONA GURAJENA AND GUIDANCE KHUZE AND WELLINGTON TAKAWIRA AND CHANDAFIRA MAZAMBANE AND R. CHIPERE (2011-05-11)
The applicant operates a farming enterprise trading under the style of Buckingham Farm, North road, Marondera. The first and second respondents are trade unions in the agricultural industry whereas the third to fourth respondents are their respective office bearers. The fifth to ninth respondents are its employees and former members of the workers’ committee. The parties are embroiled in wage disputes concerning the classification of their enterprise. The applicant accuses the respondents of inciting its employees to engage in unlawful collective job action. In a bid to protect its business operations it has now applied for a provisional order interdicting... More

BENEDICT AMON CHIKWANHA VERSUS VICTORIA MUKUNDADZVITI AND CITY OF HARARE AND DEPUTY SHERIFF AND MKWANILA SYLVESTER MATEO (2011-06-01)
I have before me two applications for rescission of default judgments. At the conclusion of the hearing of this matter the parties requested for a consolidation of cases HC 1342/10 and HC 1343/10. This was so because the cases were anchored on the same subject matter and the relief sought was the same. I granted the application for consolidation. In both applications the applicant seeks the setting aside of default judgments. In case No. HC 1342/10 the applicant seeks the following relief (as amended): “IT IS ORDERED THAT: 1. The judgment granted to the first respondent in default in case... More

BIRRIA INVESTMENTS (PRIVATE) LIMITED VERSUS ART DEAL (PRIVATE) LIMITED AND HANIF KHAN (2011-01-12)
On 28 September 2010 I granted an order for summary judgment in favour of the plaintiff. An appeal has now been filed and reasons for my judgment have been requested and these are they. In this application, the plaintiff seeks summary judgment for an order in the following terms: More

BLACKGATE INVESTMENTS (PRIVATE) LIMITED VERSUS RAN MINES (PRIVATE) LIMITED AND G & P INDUSTRIES (PRIVATE) LIMITED AND THE MINISTER OF MINES & MINING DEVELOPMENT (2011-11-04)
This is an application for review in terms of s 26 of the High Court Act, [Cap7:06]. The background facts to this matter are as follows:The applicant is a mining investment company duly incorporated in terms of the laws of Zimbabwe. The applicant’s directors discovered what they believed to be a disused and abandoned mine at the site of the old Ran Mine in the district of Bindura. The site was then being worked by illegal panners. The directors then enquired with the Ministry of Mines as to the ownership and status of the mine. They were advised that the... More

BLUMO TRADING (PRIVATE) LIMITED VERSUS NELMAH MILLING COMPANY (PRIVATE) LIMITED AND NELSON MAHUPETE HIGH COURT OF ZIMBABWE PATEL J (2011-02-15)
The plaintiff in this matter claims the sum of US$24,100 as special damages, being loss of profits arising from an alleged breach of contract by the defendants. It also claims restitution of US$10,000 paid as a deposit to the 1st defendant under the same contract. The defendants deny any breach on their part and allege that it was in fact the plaintiff that acted in breach of contract. More

BRIDGET KORONI AND PAMELA ZVIDZAI VERSUS DESMOND RUSERE AND CALLISTA NYASHA MUNENGWA AND CITY OF HARARE AND THERESA CHINODAKUFA (2011-12-07)
The applicants approached this court seeking the rescission of the judgment granted by this court on 30 April 2008 in HC 7208/07 and that the first, second and fourth respondents pay costs of the application. The basis for seeking the order is that the judgment in HC 7208 was obtained through fraud. More


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