Court Judgements




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AMOS EDINGTON MATENGAMBIRI VERSUS NEWTON ELLIOT DONGO (2021-02-10)
This is a court application for a Decree of Perpetual Silence against the respondent who is a very litigious individual and has instituted several court processes whose result has been to frustrate the applicant. More

AMOS MACHONA VERSUS ELITE PARK ENTERPRISES (PVT0 LTD AND THE MINISTRY OF MINES (2021-01-21)
This is an urgent application. This application was lodged in this court on 15 January 2021. The application is opposed by both 1st and 2nd respondents, although 2nd respondent did not contribute much to the debate. Applicant seeks a provisional order formulated in the following terms: Terms of final order sought That you show cause to this Honourable Court on the return date why a final order should not be made in the following terms: 1. The 1st respondent be and is hereby ordered to vacate Imbesu Kraal and carry out its mining activities as directed by the certificate of... More

ANDERSON MANJA AND 98 OTHERS V (1) SHERIFF OF ZIMBABWE (2) GURTA MINING AG (2021-03-09)
This is an appeal against the whole judgment of the High Court handed down on 3 June 2020 which upheld the second respondent’s claim to immovable property and / or mining claims located in Mashonaland West placed under judicial attachment by the first respondent for sale in execution of a judgment. The judgment also saddled the appellants, being the judgment creditors, with costs on the superior scale. More

ANDERSON LEARNMORE DANDA VERSUS SUB-SAHARAN MANAGEMENT CONSULTANTS (PRIVATE) LIMITED AND REGISTRAR OF DEEDS (N.O.) AND SHERIFF OF ZIMBABWE (N.O.) (2021-06-11)
The applicant seeks an order compelling 1st respondent to consent to the cancellation of a mortgage bond No. 2181/2004. The mortgage bond was registered in 1st respondent’s favour in 2004. The mortgage bond was securing a loan that the 1st respondent advanced to the applicant in the same year. The founding affidavit was deposed to by Agnes Danda, by virtue of a special power of attorney granted to her by the applicant. More

ANDREW BAKASA VERSUS NATIONAL RAILWAYS OF ZIMBABWE (2021-02-12)
On 11 February 2021 the applicant approached this court through the urgent chamber book. The respondent was duly served with the application and set down date for hearing on 12 February 2021. In compliance with the practice direction, the applicant filed the application inclusive of heads of argument, in conformity with the directive. The matter was determined on papers in chambers. The respondent was properly served but did not file any response opposing or conceding the application. I thus proceeded to entertain the unopposed application and granted the provisional order with an indication that reasons would be availed. More

ANDREW MACHAYA VERSUS CFI HOLDINGS LIMITED T/A FARM AND CITY CENTRE (2021-06-11)
This matter is an application for the registration of a Labour Court judgment in terms of section 92B(3) of the Labour Court Act [Chapter 28:01]. That court in LC/H/2020 awarded the applicant the sum of US$177 408 on the 25th of September 2020. The applicant now seeks registration of that judgment which sounds in money. In opposing the application, the respondent makes the following averments. The judgment is unenforceable and cannot be registered. It is in conflict with the law or it is contra bonos mores. The judgment purports to revive a matter that has prescribed. It orders payment of... More

ANDREW MUTUMANI VERSUS THE MAGISTRATE P GWEZHIRA N.O AND THE STATE (2021-04-01)
The brief facts of the case are as follows. The applicant was arraigned before the magistrate court for trial before the first respondent. The allegations being that the applicant was found in possession of a live pangolin, a specially protected animal without a permit in contravention of s 45 (i) (b) as read with s 128 (i) (b) of the Parks and Wildlife Act. [Chapter 20:14]. The applicant pleaded not guilty and trial commenced. Three witness gave evidence on behalf of the state. The state thereafter closed its case and the applicant in terms of section 198 (3) of The... More


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