Court Judgements




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YITBAREK YEMANU TEKIE AND GATHERING INVESTMENTS (PVT) LTD VERSUS ALEX KIRKMAN AND JOHN TAYLOR AND CHIPO N MUBAIWA AND PATRICK MACMANUS AND GTS SECURITY (PVT) LTD AND FEEDMIX LTD (2021-03-25)
On 27 February 2021, the applicants lodged an urgent chamber application, whose provisional order reads: “INTERIM RELIEF GRANTED That pending the confirmation or discharge of this provisional order, the applicants are granted the following relief: 1. The 1st, 2nd, 3rd, 4th and 5th respondents be and are hereby ordered, upon service of this order, to immediately restore to the 1st applicant access, possession and/or occupation of the 6th respondent’s business premises, namely, Stand 524 Cleveland, Mutare Road, Msasa, Harare, and 1st applicant’s offices located therein, failing which, the Sheriff of the High Court be and is hereby authorised to assist... More

YSMINTACKLAH MAHOMMED V TAWURAYI MARVIN KASHIRI (2021-05-04)
KUDYA AJA: This is a chamber application for condonation of the late filing of an appeal and extension of time within which to appeal launched in terms of r 43 (1) of the Supreme Court Rules, 2018. The application is opposed. More

ZANDILE ZIBWOWA VERSUS SAMUEL NJOVANA AND EUNICE NJOVANA AND REGISTRAR OF DEEDS (2021-07-14)
It is within the nature of the contract of purchase and sale for the seller who has received full payment of the purchase price from the purchaser to deliver to the latter the subject-matter of the contract which is commonly referred to as the merx. This is a fortiori the case where the purchaser has, in addition to payment of the purchase price, paid to the seller’s nominated conveyancers the requisite fees for the transfer to him of the immovable property which he purchased. More

ZESA HOLDINGS (PRIVATE) LIMITED APPLICANT VERSUS T. MUNYANYI (N.O.) 1ST RESPONDENT SAIDI SANGULA 2ND RESPONDENT (2021-11-05)
This is an application for review of the first respondent’s decision on an interlocutory issue. The parties appeared before the first respondent, a labour officer, on a matter referred to the labour officer in terms of section 101 (6) of the Labour Act, Chapter 28:01 [the Act]. The applicant herein raised points in liminebefore the Labour officer and the decision went against it. More

ZESA HOLDINGS (PRIVATE) LIMITED APPELLANT AND OSBON MATUNJA RESPONDENT (2021-10-22)
This is an appeal by the appellant/employer against a decision made against it. Such decision was made by a hearing authority appointed by the employer (appellant). The hearing authority is not in the employ of the appellant. More

ZIMASCO (PRIVATE) LIMITED VERSUS PORTNEX INTERNATIONAL (PROPRIETARY) LIMITED AND KEVIN TERRY (N.O) (2021-01-29)
On 29 June, 2017 the applicant and the respondent (“the parties”) concluded a lease agreement between them. Following the conclusion of the contract, the applicant leased to the first respondent its Furnaces 1, 3, 4 and their associated infrastructure. These are at its Ferrochrome production facility which is in Kwekwe. Consent to removal of Furnace 1 from the contract was agreed between the parties. The agreement was in terms of a letter which is dated 9 October, 2018. The lease provided that rentals were payable in United States dollars. They were/are calculated retrospectively by reference to the amount of minerals... More

ZIMASCO (PRIVATE) LIMITED VERSUS PORTNEX INTERNATIONAL (PROPRIETARY) LIMITED AND KEVIN TERRY (N.O.) (2021-04-28)
The Applicant brought this application pursuant to Article 13 of Schedule 1 of the Arbitration Act [Chapter 7:15] for the recusal of Mr. Terry, the second Respondent, as Arbitrator of Applicant’s dispute with the first Respondent. More


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