Court Judgements




Browse Judgements by Year

CHITUNGWIZA MUNICIPALITY VERSUS DELATFIN INVESTMENTS (PRIVATE) LIMITED (2011-06-29)
The applicant municipality seeks an order compelling the respondent to release its plant, machinery and equipment which it avers is unlawfully in the custody of the respondents. More

CHRISETTA CHIDZIVA (NEE CHINGOSHO) VERSUS JULIET MUSARIRI AND INNOCENT MUSARIRI AND THE MUNICIPALITY OF MARONDERA (2011-05-17)
The applicant is a female adult resident in Marondera. The first respondent is a surviving spouse of the late Timothy Musariri who died on 25 September 1994. The first respondent was married to the late Timothy Musariri in terms of the African Marriages Act, (now Customary Marriages Act, Chapter 5:07). The late Timothy Musariri was the registered holder of interests and rights in the matrimonial home being house No. 7 Kasipiti Way, Rujeko, Marondera. The second respondent is the son of the late Timothy Musariri and the first respondent. At the time of Timothy Musariri’s death he was a minor.... More

CHRIST EMBASSY ZIMBABWE VERSUS CHIDZIVA INVESTMENTS (PVT) LTD (2011-01-19)
This an application for rescission of a default judgment granted by this court on 28 October 2009 in case No HC 3672/09. The background to the application is that the respondent entered into an oral lease agreement with a satellite church of the applicant in Mufakose to lease Chidziva Building, Mufakose (the premises). One Stowell Mupanguri, the applicant’s Deputy Governor responsible for finance negotiated the agreement on behalf of the applicant. The satellite church took occupation of the premises on 15 November 2008. It failed to pay rent leading to the respondent issuing summons on 14 August 2009 in case... More

CHRISTOPHER DICKSON VERSUS THE STATE (2011-09-01)
The applicant is the director of two duly registered real estate companies, Pride Real Estate and Ascent Real Estate. He is alleged to have fraudulently sold a residential stand in Mount Pleasant Heights for US$15 000-00 sometime in 2007 and converted the proceeds to his own use. Investigations revealed that the applicant has a similar pending case under CRB 4634/11. He is also facing an additional charge of fraudulently faking his qualifications to gain registration as an estate agent. The presiding magistrate denied the applicant bail on the basis that he has a propensity of committing fraud and therefore was... More

CHRISTOPHER JOHN MAKASI SHAVA VERSUS BERGUS INVESTMENTS (PRIVATE) LIMITED AND MESSENGER OF COURT (2011-10-26)
The bare bones of the dispute in this appeal are these: The appellant and the first respondent entered into a lease agreement for premises situate at 26 East Road, Belgravia, Harare on 16 May, 2003. On 14 March, 2008, the first respondent, following its cancellation of the lease agreement, obtained an order in the Magistrates’ court under case number MC 1701/07. The contentious order was couched in these words: More

CHRISTOPHER NYAMUKAPA VERSUS THE STATE (2011-11-17)
The appellant appeared before a Mvurwi magistrate facing a theft of trust property charge in terms of s 113 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. The State allegations were that the appellant received US$ 2 440-00 from his employer for purposes of paying wages for contract workers at Tel One Mvurwi Depot. Instead of handing over the money to the intended beneficiaries, the appellant converted the money to his own use. The appellant was convicted and fined USD 300 or 6 months imprisonment. More

CHRISTOPHER ROBERT GRIFFITHS VERSUS JOHN ROSSI AND SEAN O’FEE AND KEITH O’FEE AND GARY COOPER AND BAKESURE MARKERTING (PVT) LTD AND COMBINED PRODUCTION (PVT) LTD AND UPPERCRUST BAKERIES (PVT) LTD (2011-04-01)
This is an urgent application in which the applicant seeks a provisional order. In the interim relief the applicant prays, firstly, for an order that the respondents be interdicted from removing from Zimbabwe a blending machine, allegedly in storage at Beitbridge border post, and in addition thereto an order for the return of that machine to the fifth respondent with a corresponding order for the payment of storage costs by the respondents in respect of the machine in question. In addition the applicant again in terms of interim relief seeks an anti-dissipatory interdict in respect of various assets allegedly belonging... More


Midlands State University Library