Court Judgements




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CONCILIA CHINANZVAVANA VERSUS MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS AND PRESIDENT OF THE REPUBLIC OF ZIMBABWE AND VICE-PRESIDENT OF THE REPUBLIC OF ZIMBABWE AND THE NATIONAL PEACE & RECONCILIATION COMMISSION AND THE ATTORNEY GENERAL OF ZIMBABWE (2019-03-19)
Section 251(1) of the Constitution of Zimbabwe says: “For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –” The rest is not immediately relevant. More

CONSTABLE GWETE P VERSUS THE TRIAL OFFICER (SUPERINTENDENT NEKATI) AND THE COMMISSIONER GENERAL OFFICE (2019-10-03)
The applicant in this matter is seeking a review of the decision of a Single Trial Officer on the grounds that: 1. The 1st respondent decided to proceed with the matter where he had no jurisdiction to do so in view of the fact that the applicant had already been charged over the same matter in terms of the ordinary law. The relief sought is that: 1. The trial proceedings conducted by the 1st respondent against the applicant be and are hereby set aside. 2. The prosecution of the applicant in terms of the Police Act be and is hereby... More

CONSTABLE RATOWA W VERSUS THE TRIAL OFFICER (CHIEF SUPERINTENDENT BOWA P) AND THE COMMISSIONER GENERAL OF POLICE (2019-10-31)
This is an application for condonation of late filing of an application for review under case number HC 2329/16. BACKGROUND Prior to 24 May 2016, the applicant was an officer in the Police Service. Following allegations of improper release of suspects and exhibits, the applicant and his accomplice were convicted by a court of a single officer for contravening paragraph 35 of the Schedule to the Police Act (Chapter 11:10) as read with sections 29 and 34 of the said Act i.e. “Acting in a manner reasonably likely to bring discredit to the Police Service.” More

CUTHBERT ELKANA DUBE V (1) PREMIER SERVICE MEDICAL AID SOCIETY (2) PREMIER SERVICE MEDICAL INVESTMENTS (2019-09-19)
This is an application for condonation for non-compliance with the Rules of this Court and for an extension of time within which to file and serve a notice of appeal in terms of the same Rules. The respondents oppose the application. More

D. MUDZIPURI VERSUS TAKURA GAPARE (2019-11-06)
This was a civil appeal from the magistrate’s court. We heard it on 26 June 2019 and reserved judgment. Regrettably, judgment could not be delivered soon enough. For much of the first term vacation and part of the second term I was indisposed. This now is the appeal judgment More

DANAI JERE CHAUKE AND HERBERT CHAUKE VERSUS KUDZANAI MANGENA (2019-02-20)
The first and second plaintiffs are husband and wife. But for seven years from 2003 to 2010 the second plaintiff [“Herbert”] cohabited with the defendant [“Kudzanai”]. Much of that cohabitation was at a property situate Stand 453 Northwood, Mberengwa Business Centre, Mberengwa. More

DAVID VICTORIA KILPIN VERSUS THEMBA NLEYA AND THE SHERIFF OF THE HIGH COURT, BULAWAYO (NO) AND THE REGISTRAR OF DEEDS, BULAWAYO (NO) (2019-07-18)
This is an urgent chamber application for the upliftmentof caveats. The application is opposed. The relief sought by the applicant is in the following terms: “Interim Relief Granted Pending the return day, this provisional order shall serve as an interim order directing that: 1. The applicant’s properties being Lot 1 of Umsungwe Block, Gwelo and stand number 1014 of Gwelo Township be and are hereby discharged from judicial attachment. Terms of final order 1. The 1st respondent be and is hereby ordered to instruct the 2nd respondent to uplift caveat 35/2019 pertaining to stand number 1014 of Gwelo Township forthwith.... More


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