Court Judgements




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TIRIVANHU NDOZIVA VERSUS THE STATE (2011-02-10)
This is an appeal against conviction and sentence. On 30 November 2006 the appellant was convicted of two counts of rape. These were allegedly committed on 26 July 2004 on two girls aged 4 and 8 years, respectively. He was sentenced to 10 years on each count. Of the total of 20 years imprisonment, 5 years were suspended for 5 years on conditions of future good conduct. More

TOBACCO SALES FLOOR LIMITED VERSUS SWIFT DEBT COLLECTORS (PVT) LTD T/A RUBY AUCTIONS (2011-03-22)
The applicant is the registered owner of a warehouse situate at Tobacco Sales Floor Complex, Gleneagles Road, Harare. The applicant carries on business at the said premises as a tobacco auction floor. On 11 July 2007 the applicant concluded a written agreement with the respondent in terms of which the latter leased from the applicant a portion of the warehouse; to wit an area of 1241.91 square metres. The lease was to endure for a period of three years, commencing on 1 June 2007 and terminating on 31 May 2010. On 14 December 2009 the applicant addressed a letter to... More

TONDERAI TARIMA VERSUS ZIMCOR TRUSTEE (PVT) LTD AND REGISTRAR OF DEEDS (2011-09-08)
The plaintiff in this matter seeks the cancellation of an agreement of sale in respect of a stand in Vainona, Harare, and an order for the transfer of that stand from the 1st defendant to the plaintiff. The sole issue for determination herein is whether or not the full purchase price was actually paid into the plaintiff’s account. More

TRUSTCO MOBILE (PTY) LIMITED AND TRUSTCO GROUP INTERNATIONAL (PTY) LIMITED VERSUS ECONET WIRELESS (PRIVATE) LIMITED AND FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED (2011-07-04)
The first applicant is a subsidiary of the second applicant. Both companies are Namibian-based. On 17 August, 2010 the first applicant and the respondents concluded a tripartite agreement in terms of which the first applicant undertook to provide the first respondent with certain software and support services to facilitate provision of free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. In terms of the agreement, the first applicant would procure, for and on behalf of the first respondent, such life cover from the second... More

TRUSTCO MOBILE (PTY) LTD AND TRUSTCO GROUP INTERNATIONAL (PTY) LTD VERSUS ECONET WIRELESS (PVT) LTD AND FIRST MUTUAL LIFE ASSURANCE GROUP (2011-10-12)
On 17 August 2011 the first applicant and the respondents concluded an agreement in terms of which the first applicant undertook to license to the first respondent certain intellectual property (“The Trustco Mobile Concept”) which would facilitate the provision of the free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. An amendment was made to the agreement in January 2011. More

TUNATEMORE PRINTERS (PVT) LIMITED VERSUS ORAGPLATE (PVT) LIMITED (2011-05-25)
The plaintiff and the defendant entered into a verbal lease agreement and pursuant to that lease agreement the plaintiff has sought the eviction of the defendant on the ground that the defendant is in breach of that lease agreement having failed to pay rentals as agreed by the parties. It was the plaintiff’s position that it terminated the lease agreement on 17 December 2009 but the defendant refused to give vacant possession of the leased property hence the instant proceedings. More

TUNGAMIRAI MADZOKERE AND LAST TAMAI MAENGAHAMA AND LAZARUS MAENGAHANA AND STANFORD MAENGAHAMA AND GABRIEL SHUMBA AND PHENEOUS NHATARIKWA AND STEFANI TAKAIDZWA AND STANFORD MANGWIRO AND YVONNE MUSARURWA AND REBECCA MAFUKENI AND CYNTHIA FUNGAI MANJORO AND LINDA MUSIYAMHANJE AND TAFADZWA BILLIAT AND SIMON MUDIMU AND DUBE ZWELIBANZE AND SIMON MAPANZURE AND EDWIN MUINGIRI AND AUGUSTINE TENGANYIKA AND FRANCIS VAMBAI AND NYAMADZAWO GAPARA VERSUS THE STATE (2011-07-01)
The applicants are facing a charge of contravening s 47 (1) (a) of the Criminal Law Codification and Reform Act [Cap9:23]. It is alleged that they murdered PetrosMutedza. PetrosMutedza was an Inspector in the Zimbabwe Republic Police. He had been called to disperse MDC (T) youth who had gathered unlawfully at Glen View 3 Shopping Centre. The same group of MDC (T) youth numbering about 50 had earlier on been dispersed by other police officers from Glen View 4 Shopping Centre. More


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