Court Judgements




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BLESSING MUSHAPAIDZE V (1) ST ANNE’S HOSPITAL (2) CAPS HOLDING LIMITED (3) NATIONAL EMPLOYMENT COUNCIL FOR THE WELFARE AND EDUCATIONAL INSTITUTIONS (2017-09-20)
The applicant approached this Court in terms of s 85(1)(a) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), alleging that the respondents infringed the following of her fundamental rights – the right to dignity; the right not to be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment; and the right not to have a health condition disclosed. The allegation was that these rights, which are enshrined in the Constitution, were violated when the first respondent subjected the applicant to disciplinary proceedings for alleged misconduct arising from her alleged failure... More

BLESSING SCHOOL OF DRESSING (PVT) LTD VERSUS TAYENGWA MUSKWE (2017-12-06)
The applicant issued summons against the respondent for payment of $29 400 being arrear rentals in terms of a lease agreement between the parties, eviction of the respondent and all those claiming through him, from no 3 Bodle Avenue, Eastlea, Harare, holding over damages at the rate of $1 200 per month with effect 1 May 2017 to date of vacation, prescribed interest thereon and costs of suit on a legal practitioner and client scale. Respondent entered appearance to defend on 16 May 2017, whereupon the applicant applied for summary judgment on 17 May 2017. More

BLUEMARK DISTRIBUTORS (PVT) LTD T/A BLUEMARK TYRES AND FORTUNATE MANYIMO VERSUS HAMID SIRDAR (2017-11-15)
This is an opposed application in terms of which first applicant made an application for the sequestration of respondent’s estate and for the appointment of a Provisional Trustee in terms of s 12 of the Insolvency Act [Chapter 6:04]. More

BOC ZIMBABWE (PVT) LTD VERSUS PESKET TRADING (PVT) LTD (2017-09-27)
Plaintiff’s claim against the defendant is for refund of $22 400 being the deposit it paid for work which defendant was contracted and failed to perform, interest and costs. More

BONNYVIEW ESTATES PRIVATE LIMITED VERSUS ZIMBABWE PLATINUM MINES PRIVATE LIMITED AND MINISTER OF LANDS AND RURAL RESETTLEMENT (2017-06-21)
This a court application in which the relief sought is the following declaratory order;- 1. Applicant is entitled to all benefits deriving from the occupation by the respondent of that section of Bulfield Farm which is the subject of Notarial Deed of Servitude 11-7-95. 2. Respondent shall pay applicant’s costs. More

BRENDA CAROL LEEPER N.O AND JOHN JONES VERSUS RAYMOND NYAMBIYA AND PETRONILA RUFARO NYAMBIYA (2017-06-21)
This is an application for cancellation of a lease agreement entered into between applicant and respondents, in respect of stand 279 Woodlands, Uplands, Waterfalls, Harare. Applicants also sought the eviction of the respondents from the above property. Applicants claimed for arrear rentals in the sum of $28 700.00 and holding over damages in the sum of $700 per month from the date of summons to the date of eviction. Applicants alleged nonpayment of rentals as the basis for cancellation More

BRIAN ANDREW CAWOOD VERSUS ELASTO MADZINGIRA AND THE MESSENGER OF COURT – MWENEZI N.O. (2017-03-06)
This was an urgent chamber application to stop an eviction on the grounds that the second respondent, the messenger of court, allegedly on the back and call of an official from the Ministry of Lands, was straying outside the four corners of the court order that defined the premises the applicant, and all those claiming occupation through him, had to be evicted from. More


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