Court Judgements




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(1) RITA MBATHA (2) IVYN GABRIELMBATHA V (1) VINCENT NCUBE (2) THE MESSENGER OF COURT (2018-03-07)
On 9 February 2018, the applicants filed an urgent Chamber Application for an order staying “proceedings” pending the hearing of an appeal in this Court under case number 847/2017. The first applicant is a self-actor who also purports to act on behalf of the second applicant. In the absence of a power of attorney authorising her to do so, the first applicant cannot lawfully represent the second applicant without violating ss 10 and 12 of the Legal Practitioners Act [Chapter 27.07]. More

(1) SHORAI MAVIS NZARA (2) AAROLA TAKUDZWA TENDAYI IDEHEN (3) AMOSOGE RUDO IDEHEN (4) OSARETIN TANAKA FEMI IDEHEN VS (1) CECILIA KASHUMBA N.O. (2) THE REGISTRAR OF DEEDS (3) MASTER OF THE HIGH COURT (4) TAFIRENYIKA KAMBARAMI (2018-03-12)
This is an appeal against part of the judgment of the High Court Harare. The first appellant, Shorai Nzara, (Shorai) is the mother of the second to fourth appellants to whom she donated the property that forms the subject of this dispute. The first respondent Cecilia Kashumba N.O. was the wife of the late Dzingai Kashumba and is the executrix dative of his estate. Dzingai Kashumba (Dzingai) entered into an agreement of sale with Shorai Nzara the original owner of the property at the heart of this seventeen-year-old dispute. The second respondent is the Registrar of Deeds who was cited... More

(1) TBIC INVESTMENTS (PRIVATE) LIMITED (2) PAUL ISAU UPENYU CHIDAWANYIKA V (1) KENNEDY MANGENJE (2) MINISTER OF LANDS (3) RURAL DEVELOPMENT (4) THE REGISTRAR OF DEEDS (5) ATTORNEY GENERAL OF ZIMBABWE (6) THE COMMISSIONER OF POLICE (2018-03-01)
This is a hotly contested appeal against the whole judgment of the High Court sitting at Harare, and delivered on 30 October 2013. The epicentre of the dispute is a certain piece of land in the Goromonzi District known as the Remaining Extent of Stuhm measuring 583, 1360 hectares in extent registered in the name of TIBIC INVESTMENTS (PVT) LTD under Deed of Transfer 1724/2009. TIBIC INVESTIMENTS (PVT) LTD is an indigenous company in the sense that its shareholders and directors are indigenous citizens of this country. The historical background and factual basis of the case is by and large... More

(1) ZIMBABWE DEVELOPMENT PARTY (2) VOICE OF THE PEOPLE V (1) PRESIDENT OF THE REPUBLIC OF ZIMBABWE (2) SPEAKER OF PARLIAMENT (3) CHAIRPERSON – ZIMBABWE ELECTORAL COMMISSION (2018-03-28)
This is an urgent chamber application for an order directing the Registrar to set down for hearing on an urgent basis the main application the applicants purported to file on 1 March 2018. The applicants are political parties represented by Mr Mukwazhe, who is the leader of the first applicant. In the application purportedly filed on 1 March 2018, under case no. CCZ 11/18 (the main application), the applicants did not seek leave to file the application. An endorsement was made on the application to the effect that leave to apply for direct access to the Constitutional Court (“the Court”)... More

(1)JENNIFER NAN BROOKER VS RICHARD MUDHANDA AND THE REGISTRAR OF DEEDS (2) ADRIENNE STALEY PIERCE VS RICHARD MUDHANDA AND THE REGISTRAR OF DEEDS (2018-02-05)
This is a composite judgment in respect of two appeals which were, at the request of the parties, consolidated and heard at the same time. The appeals are against two separate judgments by the High Court dismissing special pleas of prescription raised by the appellants in respect of a claim for specific performance launched by the respondent. More

(1)NICOZ DIAMOND INSURANCE LTD VERSUS (2) CLOVGATE ELEVATOR COMPANY (PVT) LTD (2) CLOVGATE ELEVATOR COMPANY (PVT) LTD VERSUS NICOZ DIAMOND INSURANCE LTD (2018-02-07)
These two matters were consolidated at the pre-trial conference held before CHITAPI J on 7 March 2017. More

) INNSCOR AFRICA LIMITED (2) GERIBRAN SERVICES (PRIVATE) LIMITED V COMPETITION AND TARIFF COMMISSION (2018-01-25)
This is an appeal against the judgment of the High Court holding that a conglomerate is a “merger” as defined in terms of s 2 of the Competition Act [Chapter 14:28] (“the Act”) and, therefore, notifiable to the respondent in terms of s 3A of the Act if its value exceeded the statutory threshold. More


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