Court Judgements




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WASHINGTON DOZVA VERSUS MICHAEL NYAMAYARO AND M.D. CHASSART & SON (PVT) LTD T/A SURREY ABBATTOIR (2013-11-27)
The plaintiff is a director of a company known as Donapro Breeders (Pvt) Ltd which was engaged in running a butchery business but has since closed shop. He instituted summons action against the first defendant, the Group Security and Administration Manager of the second defendant, a company involved in the wholesale of meat products, claiming a sum of US$90 000.00 as “damages for wrongful arrest and unlawful detention”, prescribed interest and costs of suit on an attorney and client scale. More

WASHMATE MOTORS CENTRE (PRIVATE) LIMITED VERSUS CITY OF HARARE (2013-02-06)
The applicant has been leasing stand 729 of the remainder of Greencroft in the district of Salisbury, otherwise known as 729 Lomagundi Road, Greencroft Harare, from the respondent by virtue of written lease agreement signed in October 2009. The said lease agreement terminated by expiration of time on 30 September 2012 but the applicant continued in occupation while paying rentals which were happily accepted by the respondent. More

WEBSTER TONGOONA RUSHESHA (IN HIS CAPACITY AS LEGAL GUARDIAN OF PANASHE RALPH RUSHESHA AND TIVONGESACHARUSHESHA) AND RASAR INVESTMENTS (PRIVATE) LIMITED VERSUS ALEXIOUS MASHINGAIDZE DERA AND ZIMCOR TRUSTEES LIMITED AND FRANK BUYANGA AND BOKA INVESTMENTS (PRIVATE) LIMITED AND MATTHEW BOKA AND THE REGISTRAR OF DEEDS (2013-09-25)
This is an action instituted by the plaintiff claiming the following relief which is set out in the summons: More

WEDZERA PETROLEUM (PRIVATE) LIMITED VERSUS INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE AND T. MAGWALIBA (2013-09-25)
This application is made in terms of Article 34 of the Model Law in the Arbitration Act [Cap 7:15]. That Article provides: “1) Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with paragraphs (2) and (3) of this article. More

WEI WEI PROPERTIES (PVT) LIMITED VERSUS S&T EXPORT AND IMPORT (PVT) LIMITED (2013-10-09)
This is an application for the registration of an arbitral award made by Retired Justice Smith on 31 May 2012 in terms of which he confirmed as valid, the termination of a lease agreement between the parties, directed the respondent to vacate the leased premises, namely 1stand 2ndMezzenine Floors Century House West, 36 Nelson Mandela Avenue Harare, (the premises), or face eviction and directed the respondent to bear the applicant’s costs on the scale of legal practitioner and client. More

WENGAI MUTAYA 1STAPPELLANT LAZARUS MABIKA 2ND APPELLANT AND CHITUNGWIZA MUNICIPALITY RESPONDENT (2013-06-26)
The brief background of this matter is that the appellants were employed by respondent. The 2nd appellant was a Clerk and the 1st appellant was a messenger. They were charged with fraud and alternatively theft by conversion. It was alleged that during the period ranging from the 6th of April 20120 to the 6th of June 2011, the appellants withdrew council monies in the sum of US$63 853.52 without lawful authority and converted the money to own use thereby prejudicing council. Alternatively, they were charged with theft by conversion in that they converted the respondent’s money to own use. They... More

WILBERT CHIPUNZA APPELLANT AND SERVCOR (PRIVATE) LIMITED RESPONDENT (2013-02-14)
On 1 July, 2011, the Appellant was observed by C. Mudyiwa and K. Chimbangu coming from the Traditional Canteen, holding a parcel wrapped with uniforms. Mr Mudyiwa told K. Chimbangu his Supervisor to follow him to the changing room. When Chimbangu got to the changing room, he observed that the parcel which the Appellant had been holding were 2x2kg packets of sugar. The Appellant was asked where he got the sugar from by Mr Mudyiwa and he said he took it from the Traditional Canteen. More


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