Court Judgements
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On the 26thDecember 1970, the applicant married the late Samuel Zachary Dick Munangatire(herein after referred to as Samuel) in terms of the civil marriage laws of the United Kingdom (UK). More
This is an application for the upliftment of the bar operating against the applicant in HC 5817/15. The events leading up to the present application are set out in the founding affidavit filed on behalf of the applicant sworn to by Raymond Maxime Smithlock who deposed as follows: More
This was meant to be a criminal appeal. It did not proceed. The appellant asked for my recusal. I obliged. The matter was removed from the roll. My Brother, MAWADZE J and I, felt it unprofitable to get embroiled in the merits of an application for recusal. But our decision in this regard should not be taken as having set a precedent. We avoided tussling with Counsel purely so that justice might be seen to be done. The reasons for seeking my recusal were nebulous. More
This is an application which is being made in terms of s 34 (2) (b) (ii) of the Arbitration Act [Chapter 7:15] to set aside an arbitral award which was granted by the arbitrator David A Whatman the second respondent in this matter. The arbitral award was granted in favour of the first respondent, the City of Harare against the applicant on 4 December 2017. The applicant’s claim arose from a shareholder’s agreement the parties signed in September 2007. Over the years the parties were involved in various disputes resulting in the applicant referring one of the disputes to arbitration.... More
1. That it be and is hereby declared that the Conditions Precedent set forth in Part 9 of the Scheme of Arrangement have not been complied with.
2. That it be and is hereby declared that Applicant’s bid cannot be terminated on the basis that was accepted by the members and creditors of the Target Companies upon completion of the relevant tender process and that there is no legal justification for any payment obligations to be triggered by the Applicant before the Conditions Precedent of the Scheme of Arrangement are satisfied.
3. That it be and is hereby declared that... More
On 24 August 2018 I heard an application for spoliation and granted the following order in favour of the applicant after delivering an ex tempore judgment.
“It be and is hereby ordered that÷
1. Applicant is restored unhindered possession of stand 8282 Kirkman Gardens, Harare and second respondent shall forthwithremove 1st respondent and his cabin from stand 8282 Kirkman Gardens, Harare.
2. 1st respondent is ordered to maintain peace and applicant’s undisturbed access to stand 8282 Kirkman Gardens Harare.” More
The plaintiff issued summons against the defendants, jointly and severally, the one paying the others to be absolved for payment of $207 344.16, being the purchase price of equipment purchased by the 1st defendant, represented by the 2nd defendant, which debt the 1st defendant acknowledged verbally and in writing. The claim against the 2nd and 3rd defendants in their personal capacities as directors of 1st defendant is predicated upon the provisions of s318 of the Companies Act [Chapter 24:03], in that, firstly, 2nd defendant personally undertook to liquidate the date from his personal resources. Secondly, 2nd and 3rd defendants acted... More
