Court Judgements




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VICTORIA FALLS MUNICIPALITY VERSUS LOT SYATIMBULA (2020-03-19)
The applicant is a local authority established in terms of the Urban Councils Act (Chapter 24:03). The applicant is the registered owner of stand 484 Jakaranda Drive, Victoria Falls. The stand is currently being occupied by the respondent. More

VILLAGE PROPERTIES (PVT) LTD VERSUS REGGIE FRANCIS SARUCHERA (IN HIS CAPACITY AS THE LIQUIDATOR OF THE RESPONDENT) AND J W JAGGERS WHOLESALERS (PVT) LTD (IN LIQUIDATION) (2020-02-09)
This is an application for leave to sue a company in liquidation brought under section 213 of the Companies Act [Chapter 24:03] by the applicant against the respondents. The applicant is a company duly incorporated and registered in terms of the laws of Zimbabwe. The first respondent is cited as the provisional liquidator of the second respondent. The second respondent is a duly incorporated company which is currently under liquidation with the first respondent as the liquidator as a result of the order of this court of 1 November 2012. The detailed background to this case is stated hereunder. More

VIRGINIA CHIDHAKWA (NEE MACHOKOTO) VERSUS MANALA LOVENESS MOTSI (CITED IN HER PERSONAL AND, ALSO, IN HER CAPACITY AS THE EXECUTRIX DATIVE TO THE ESTATE OF THE LATE REMUSI MACHOKOTO A.K.A. REMUSI NKOSI DRB 899/00) AND DEPUTY MASTER OF THE HIGH COURT (2020-07-02)
This is an application for the removal of the Executrix Dative on the grounds that the first respondent has abdicated her duties since her appointment in 2014 to administer the estate of the late Remusi Machokoto. More

VONGAI CHIWARIDZO V (1) TM SUPERMARKETS (PRIVATE) LIMITED (2) BRENDA GARUDZO (3) MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE (4) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (5) ATTORNEY-GENERAL N.O. (2020-12-01)
This is a chamber application for an order for leave for direct access to the Constitutional Court (“the Court”) in terms of r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More

VUSIMUSI NDLOVU VERSUS STATE (2020-10-08)
On 4 February 2020 the appellant was arraigned for raping a mentally incompetent person before the Regional Magistrate at Mutare. The state alleged that appellant and complainant are neighbours at Nyamukwarara Village, Chief Mutasa, Penhalonga. On a date and time unknown to the state but during the period extending from January to August 2019 complainant was left alone at home by her mother whilst the latter went out to look for piece work. Complainant is mentally challenged and a cripple. The appellant approached complainant during the absence of her mother from home, grabbed and dragged her into a nearby maize... More

VUSO CHISORO APPLICANT VERSUS CONSTANCE .T. KADENGA 1STRESPONDENT ZIMBABWE ENERGY REGULATORY AUTHORITY (2020-09-25)
This is an application for condonation for late filing of an application for review for review of a Labour officer’s draft ruling. The Labour officer’s draft is in terms of Section 93 (5a) (c) of the Labour Act, Chapter 28:01 (the Act) The second respondent raised a couple of points in limine to the application. The application was made before the Constitutional Court passed its decision in the case Isoquant Investiments (Pvt) Ltd t/Zimoco vs Memory Darikwa. CCZ 6/20. More

WEALTHBIRD INVESTMENTS (PRIVATE) LIMITED VERSUS TOWN CLERK – CITY OF MUTARE AND CITY OF MUTARE (2020-12-31)
On 15 September 2020 the respondents municipal police went to Stand 5221 Mutare Township and destroyed applicant’s temporary structure on the pretext that applicant had no authority to construct any structures at the site. Applicant had no approved building plans to build and the structure was thus illegal. The land development at the stand was not sanctioned by the local authority. Respondents officials went on to destroy the structure and took the materials specified in the draft order as detailed in the prayer spelt out above. The applicant contends in its papers that such an action constitutes spoliation and then... More


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