Court Judgements




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BEN MUTAMBU AND ADMIRE GADZIKWA AND CHENJERAI MUGWAGWA VERSUS THE MINISTER OF LANDS & RURAL RESTTLEMENT AND THE PROVINCIAL GOVERNOR, MASHONALAND WEST AND THE DISTRICT ADMINISTRATOR AND STANLEY MHONDORO AND OFFICER COMMANDING POLICE, MASHONALAND WEST PROVINCE (2012-09-19)
This is an urgent chamber application in which the Applicants seek an interdict restraining the Respondents from evicting them and twenty-eight other farmers from Lion Kopje Farm in the Mashonaland West province. The matter was initially set down for argument on 20 August 2012 but was postponed to 28 August 2012 to enable the Applicants’ legal practitioner to respond to the opposing affidavit which had been filed on the same date. It was also hoped that during the postponement the parties would explore the prospects of a settlement. On 28 August the matter was again postponed to 3 September as... More

BERNARD L. MWAMUKA VERSUS MOSES MACHESO (2012-11-13)
This is a claim fordelictual damages arising out of a road traffic accident that occurred on 3 February 2012. The facts of this case are largely common cause.The defendant’s vehicle a Nissan 1800 collided with plaintiff’s Opel Corsa at the intersection of Vincent Avenue and Blackway Drive, Belvedere, Harare. The plaintiff’s vehicle sustained damages totalling US3 324.00. The defendant paid an admission of guilt fine. The defendant’s insurer paid a total of USD 1 200.00based on their limit of liability, towards the repairs to the vehicle. Abalance of USD2 142.00 is still outstanding and remains unpaid. On 16 August 2011... More

BETTY S. CHIDZIVA VERSUS JEFAS MARUMBE AND TYSON MACHAWA (DHEWA) AND FARAI SIMANGO AND CHRISTOPHER JUEER AND NOAH TARUONA AND SILAS MUSANJEYA AND OBERT MAREKERA AND G. MASHAVAVE AND P. KABANDA AND P. MASAUSO AND D. GANA AND S. TARUONA AND ENCRES KALUMA AND E. TAFIREYI AND M. KABHANDE AND C. KANANGA AND T. MAHOWA AND C. LUMELO AND S. SIPIRIANO AND D. MUSANJENA AND G. TARUONA AND T. KOKANA AND T. MBAVARA AND C. DICKSON AND F. MATORE AND P. HENRY (2012-05-14)
Several allegations including criminal ones have been raised against the respondents by the applicant supported by one Felix Chikase. I am concerned with the manner in which these allegations have been framed against the 26 respondents. None of the deponents have raised specific allegations against each of the respondents but the allegations are of a general nature. Not even the applicant’s security officers have deposed to an affidavit indicating what each of the respondents has done in the furtherance of the allegations levelled against them. More

BITUMAT LIMITED AND VENUS INDEPENDANT PETROLEUM SERVICES (PRIVATE) LIMITED VERSUS PARAMOUNT MOTORS (PRIVATE) LIMITED T/A BELLEVIEW SERVICE STATION AND STEPHEN TSHUMA (2012-03-21)
The second applicant is a subsidiary of the first applicant. Both are companies with limited liability and are registered as such under the laws of Zimbabwe. They conduct business mainly in the supply of road construction materials and petroleum products. The first respondent is a duly incorporated company with limited liability under the laws of Zimbabwe and the second respondent is a director of the first respondent. He is cited herein as a surety and guarantor of the first respondent. More

BLUMO TRADING (PRIVATE) LIMITED T/A COLCOM COMMODITIES VERSUS MORGAN MUDUVURI (2012-02-03)
The respondent was served with the applicant’s heads of argument on 23 May 2011. In terms of r 238 (2a) of the High Court Rules, as the respondent is represented by a legal practitioner, the said legal practitioner was required to file heads of argument not more than ten days after receiving the applicant’s heads of argument. More

BOOTH MANUFACTURING PRIVATE LIMITED VERSUS AG VENTURE PRIVATE LIMITED (2012-03-21)
The background to the claim is that on 1 April 2004 the plaintiff leased its premises, namely 55 Coventry Road, Harare, to the defendant for the purposes of Light Manufacturing and Allied Trade. The lease agreement was extended on a number of times and the last … extension was to the end of 30 September 2009. More

BOTHWELL TAVENGWA APPLICANT ORCHARD LANE (PVT) LTD RESPONDENT (T/A MATOJENI) (2012-11-29)
On 11th January 2012 this Court made an order. In terms thereof, Respondent was ordered to reinstate Applicant’s employment. Alternatively Respondent was ordered to pay Applicant damages for loss of employment in a sum either agreed by the parties or assessed by this Court. On 9th February 2012 the parties drew up and signed an agreement. As a result of the agreement, Respondent paid Applicant an amount of US$998.74. More


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