Court Judgements




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ANDREW WILLIAM TASHANDUKA BERE AND THE REGISTRAR GENERAL AND THE CHIEF IMMIGRATION OFFICER VS MINISTER OF HOME AFFAIRS AND CULTURAL HERITAGE (2019-07-31)
The applicant seeks relief couched as follows: - “1. It is declared that Andrew William Tashanduka Bere is a citizen of Zimbabwe by birth with entitlement to dual citizenship. 2. 1st respondent is directed to issue the applicant with a regular external birth certificate, national ID, passport and marriage certificate within 21 days of the date of this order 3. 2nd respondent is to endorse in the applicant’s USA issued passport that he is entitled to remain in Zimbabwe indefinitely 4. 2nd respondent to refund the applicant the sum $1 000 paid by the applicant for the issue of a... More

ANESU MAFOKOSHO VERSUS THE STATE (2019-07-25)
On 14 February 2019 I dismissed a bail application filed by the applicant outlining the reasons for such a disposition. The applicant has by letter dated 2 July 2019 requested for the written reasons for my disposition. These are they. More

ANNA MAWARE VERSUS EMMANUEL CHIWARE (2019-01-07)
For 31 years the plaintiff and the defendant lived together as husband and wife in an unregistered customary law union (“the union”). During the subsistence of the union the parties acquired a sizeable number of assets, both movable and immovable. The plaintiff said they pooled their resources and acquired those assets jointly. The defendant denied there was any such pooling of resources, and said that each of them acquired their own assets separately. He further said on the dissolution of the union the plaintiff took the bulk of such items as she herself had acquired. More

APEX HOLDINGS (PRIVATE) LIMITED (IN LIQUIDATION) (2) REGGIE FRANCIS SARUCHERA N.O V VENETIAN BLINDS SPECIALISTS (2019-07-17)
This is an application that has been brought before this Court in terms of s 85 (1) (a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”). More

ARCHFORD ANESU MAGAYA VERSUS THE STATE (2019-03-13)
On 27 April 2016 the appellant appeared before the Regional Court sitting at Mutare facing two counts of rape as defined in s 65 of the Criminal Law Codification and Reform Act [Chapter 9:23]. In count one, it was alleged by the state that on the date unknown to the prosecutor but in December 2015 and at F Block Village Chief Zimunya, Mutare the appellant unlawfully and intentionally had sexual intercourse once with SHARMAINE MUKURUZADO. A female juvenile knowing that she is incapable of consent. On count 2, the state alleges that on 11 December 2015 and at F Block... More

ARCHFORD CHARI AND LEONARD REBANEWAKO VERSUS THE STATE (2019-02-28)
This is an application for bail pending appeal against both conviction and sentence. The applicants were jointly charged of obstructing or endangering free movement of persons or traffic as defined in s 38 (c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that, on 15 January 2019 at 174 kilometre peg along the Harare – Mutare Road both applicants or one or more of them unlawfully left or placed on or over Harare – Mutare Road burning tyres with the intention or realising that there was real risk or possibility of obstructing Harare – Mutare Road or... More

ARENEL (PVT) LTD VERSUS FORM PAC (PVT) LTD AND ROLAND BAKER AND CARLINGTON CHOMU AND JAYESH DESAI (2019-02-14)
This is a court application for summary judgment in action proceedings commenced by the applicant against the respondents under case number HC 996/17. The applicant alleges that it sues on a liquid document and claims against the respondents jointly and severally, the one paying the other to be absolved. Applicant seeks payment of a sum of US$45 057,54 being the balance based on an acknowledgment of debt. The total amount allegedly due was originally a sum of US$60 770,00 in respect of a loan advanced by the applicant to 1st respondent. The 2nd, 3rd and 4th respondents jointly signed a... More


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