Court Judgements




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WILLARD CHAWIRA VERSUS THE STATE (2011-09-29)
The appellant was convicted on a charge of contravening s 3 (1) (a) of the Sexual Offences Act [Cap 9:21]. He appealed to this court against both conviction and sentence. After hearing submissions from counsel for the parties we upheld his appeal and set aside his conviction and sentence. We indicated that our reasons for judgment would follow. More

WILLARD MAZHAWIDZA AND DORNICA MAZHAWIDZA VERSUS ISAYA MASHAYAKARARA (2011-01-12)
On 7 October 2009 this court granted judgment in case No HC 677/09 in favour of the applicants. The court ordered the ejectment of the respondent from a property known as Stand Number 628 Marlborough Township also known as No. 33 Taormina Avenue, New Marlborough, Harare (the property). Dissatisfied with the judgment, the respondent appealed against the decision More

WILSONCHARI VERSUS COSMOS MOTSI AND MASTER OF THE HIGH COURT AND MUNICIPALITY OF CHITUNGWIZA AND MIRIAM CHINYANGA AND SARUDZAI MOTSI AND TENDAI MOTSI AND CHIPO MOTSI (2011-10-20)
On 8 May 2008 applicant filed this application seeking an order compelling the first respondent to cede his rights, title and interest in stand No. 12637 Zengeza 5, Chitungwiza into the applicant’s name and also that- fourth, fifth, sixth and seventh respondents be declared not to have any interest in Stand No. 12637 Zengeza 5, Chitungwiza More

WYNBOD ENTERPRISES (PVT) LTD AND C.E. CHIMOMBE AND I.C. CHIKANZA AND M CHIKANZA VERSUS FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED (2011-11-02)
On 17 August 2011 I entered default judgment against the applicants in favour of the respondent in the following terms: “IT IS ORDERED THAT: 1. The defendant’s plea be and is hereby struck out. 2. The first, second and fourth defendants shall, jointly and severally, the one paying the other to be absolved, pay to the plaintiff the following amounts: 2.1 US$14 816- 64 at the rate of 5% per annum from 1 February 2011 to date of payment. 2.2 The plaintiff’s costs of suit on the legal practitioner and client scale.” More

WYNINA (PRIVATE) LIMITED VERSUS MBCA BANK LIMITED (2011-01-11)
The plaintiff herein claims the sum of US$61,944.81 being money which the plaintiff expected to be allocated to it by the Reserve Bank of Zimbabwe (RBZ) in terms of a tobacco growers retention scheme. The plaintiff avers that the defendant negligently failed to submit the plaintiff’s application and that, as a result of that negligence, the plaintiff failed to receive its retention money. The defendant disputes any negligence or contractual obligation on its part and denies liability. In the alternative, it is pleaded that any damages proved by the plaintiff should be abated on the ground of its contributory negligence. More

YVONNE MATIVENGA AND IGBOKWE NICODEMUS IBEABUCHI VERSUS CHIEF IMMIGRATION OFFICER AND THE CO-MINISTERS OF HOME AFFAIRS AND THE ATTORNEY GENERAL OF ZIMBABWE (2011-12-21)
I have difficulties in appreciating the urgency in this matter which would justify it being given preferential treatment over other matters awaiting determination by this court. There is evidence that the second applicant adopted a casual approach in trying to have his stay in this country regularised. It is clear that from the moment he was told his file had been misplaced he did not pursue the matter further until his arrest. He continued to stay in this country until he was arrested. A prudent immigrant would have continued to pursue the matter with the immigration office for regularization of... More

ZEKIAS ZIUNYE AND BONNIE CHIBUNDO AND MAJOR MUTERO AND SAMUEL KWINDIMA AND LLOYD KAMURIWO AND TAKURA MHUNGU AND ARTHUR MHUNGU AND TENDEZA NYARUMBE AND TOGAREPI CHIKOTERA AND MISTAKE CHINOFURA AND STANFORD MASANGUDZA VERSUS THE STATE (2011-07-22)
The 11 applicants were arrested on 14 April 2011 on allegations of politically motivated public violence in contravention of s 36 (1) (b) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The accused are alleged to have severely assaulted the complainants with the result that of they were hospitalized. Since then they have been languishing in prison pending trial. More


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