Court Judgements




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CLEOPAS CHANDAENGERWA AND THE STATE (2012-08-21)
This is an application for bail pending appeal. After I had heard argument from both parties I indicated that my ruling would be given on 21 August 2012. This is it. The applicant was convicted of attempted rape by the Magistrates’ Court at Kadoma. He was sentenced to four years imprisonment of which one year imprisonment was suspended for five years on condition that within that period the applicant does not commit any offence involving sexual violence and for which upon conviction he will be sentenced to imprisonment without the option of a fine. The applicant noted an appeal against... More

CLEOPAS VENGAYI NYANGONI VERSUS THE STATE (2012-11-28)
In this case the appellant was convicted of theft of Trust Property as defined in s 113(2)(d) of the Criminal Law (Codification and Reform) Act, [Cap 9:23], on 23 August 2011. On the same day he was sentenced to 7 months imprisonment which was wholly suspended on condition of restitution of the sum of US$3000 before a given date. Dissatisfied with both his conviction and sentence, he noted an appeal against both conviction and sentence. The appellant was a self-actor both at his trial and on appeal. More

CLETUS CHUKWUKA ANUEYIANGU VERSUS CHIEF IMMIGRATION OFFICER AND THE CO-MINISTERS OF HOME AFFAIRS AND THE ATTORNEY GENERAL OF ZIMBABWE (2012-02-21)
The applicant is a Nigerian immigrant who is in Zimbabwe. He was arrested on 6 February 2012 by Immigration officers. On 14 February 2012 he filed this urgent chamber application in which he seeks the following relief by way of Provisional Order: More

CMTI ZIMBABWE (PRIVATE) LIMITED VERSUS TRISTAR INSURANCE COMPANY LIMITED (2012-08-01)
On 23 June 2008 the plaintiff and the defendant entered into an insurance agreement. The insurance policy issued to the plaintiff (the insured) was to cover damage to the “whole or part of the property described in the schedule, owned by the insured or for which they are responsible, including alterations by the insured as tenants to the buildings and structures”. Specifically the insurance was against damage from “ fire, lightning or thunderbolt, explosion and such additional perils as are stated in the schedule.” More

COMMUNITY RADIO HARARE VERSUS BROADCASTING AUTHORITY OF ZIMBABWE AND MINISTER OF MEDIA, INFORMATION & PUBLICITY N.O (2012-10-31)
The applicant was formed by Harare residents in 2003 and registered as a Trust in 2006. Although in the founding affidavit deposed to by one Stewart Musiwa he himself as “the Director, of applicant company,” this is clearly a misnomer as the applicant is not a registered company but a trust. More

CONE TEXTILES HOUSING CO-OPERATIVE SOCIETY VERSUS PHILSON CHISALE AND CHRISTOPHER MWANAHANZI AND NHAU SOLOMON KANHONDO AND OLIVER CHIREDZERO AND CHARLES MADZIWA AND EDSON MADYISE AND ONERT MUNYARADZI (2012-09-12)
The plaintiff is a co-operative society registered in terms of the Co-operative Societies Act [Cap 24:05]. The seven defendants were members of the plaintiff’s management committee who were suspended on 3 April and removed from office on 6 May 2006. The fifth and seventh defendants died before trial and are therefore beyond the reach of this judgment. More

CONSTANCE CHARITY CHIVINGE (NEE SEMWA-CHIHURI) VERSUS JOSEPH CHIVINGE (2012-09-20)
This is an opposed application in which the applicant seeks the following order;- IT IS ORDERED THAT:- 1. The Respondent be and is hereby ordered to pay to the Applicant a sum of US$1500 per month as and by way of maintenance with effect from the date of this application and thereafter on or before the first day of each month until the main matter under case reference number HC6214/2011 is determined to finality by the court. 2. The Respondent be and is hereby ordered to deposit with Messrs Costa & Madzonga within seven days of the date of this... More


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