Court Judgements




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(1) KENNEDY NGIRAZI (2) NAN JIANG MINE (PRIVATE) LIMITED V (1) EMMANUEL JAMES RENSBURG (2) MEGAMANIA AUCTIONEERS (3) SHERIFFOF THE HIGH COURT N.O (2021-07-19)
MATHONSI JA: This is an appeal against the whole judgment of the High Court handed down on 23 July 2020 which declared the first respondent the rightful owner of a Cat Caterpillar Dump Truck 769C. The Caterpillar was purchased by the first respondent at a judicial auction conducted by the Sheriff on 18 October 2019 at Devuli Farm in Bikita. After hearing arguments we issued the following order: “1. The appeal be and is hereby dismissed. 2. By consent, the appellant shall pay costs at the ordinary scale. 3. The reasons for judgment will be delivered in due course.” More

(1)ISRAEL TANGWENA (2) TONDERAI MUOCHA V THE PROSECUTOR GENERAL (2021-06-14)
BHUNU JA: This appeal from the High Court has its genesis in the Magistrates Court which acquitted both appellants on one charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and, secondly, operating an unregistered trust in contravention of s 9 of the Private Voluntary Organisations Act [Chapter 17:05]. Aggrieved by the acquittal of both appellants on the firstcount the respondent appealed to the High Court (the court a quo). More

(I) FRANK BUYANGA SADIQI V CHANTELLE TATENDA MUTESWA (II) FRANK BUYANGA SADIQI V (1) CHANTELLE TATENDA MUTESWA (2) KILLIAN KAPFIDZA (3) COMMISSIONER GENERAL OF POLICE N.O. (4) REGISTRAR GENERAL N.O. (5) CHIEF IMMIGRATION OFFICER N.O. (6) MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS N.O. (7) SOUTH AFRICAN AIRWAYS (2021-10-19)
The two matters herein are applications for leave to appeal, lodged in terms of r 32(2) of the Constitutional Court Rules 2016, against two separate judgments of the Supreme Court. The first judgment (No. SC 131/21) was handed down in Case No. SC 153/20, while the second judgment (No. SC 132/21) was delivered in Case No. SC 125/21. More

1) A.ADAM ANDCOMPANY (PRIVATE) LIMITED 2) SGI PROPERTIES (PRIVATE) LIMITED 3) HONOURABLE RETIRED JUSTICE SMITH V GOOD LIVING REAL ESTATE (PRIVATE) LIMITED (2021-05-14)
MAKONI JA: This is an appeal against the whole judgment of the High Court setting aside an arbitral award granted in favour of the appellants,on the basis that it was contrary to public policy as it was made in defiance of an extant court order. More

1) CHARITY MANDIZHA APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT 2) MARSHAL JIMA APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT 3) PAULINE SITHOLE APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT 4) TALENT MANYENGAVANA APPLICANT VERSUS CHIEF EXECUTIVE OFFICER ZIMBABWE 1ST RESPONDENT NATIONAL ROADS ADMINISTRATION AND ZIMBABWE NATIONAL ROADS ADMINISTRATION 2ND RESPONDENT (2021-03-12)
This judgement relates to and addresses issues in the following cases Charity Mandizha vs C.E.O ZINARA LC/H/APP/136/20 Marshal Jima vs CEO ZINARA LC/H/APP/139/20 Pauline Sithole vs CEO ZINARA LC/H/APP/135/20 and Talent Manyengavana vs CEO ZINARA LC/H/APP/137/20. More

1. BRECKRIDGE INVESTMENTS (PVT) LTD HC 1380/20 VERSUS RIOZIM LIMITED AND NORTH RAND (PVT) LTD AND MINISTER OF MINES AND MINING DEVELOPMENT 2. BRECKRIDGE INVESTMENTS (PVT) LTD HC 1381/20 VERSUS RIOZIM LIMITED AND NORTH RAND (PVT) LTD AND SHERIFF OF THE HIGH COURT AND MINISTER OF MINES AND MINING DEVELOPMENT (2021-01-25)
This matter is a consolidation of two cases HC 1380/20 and HC 1381/20 the parties of which are the same. In both matters, rescission of judgment is being sought. In HC1380/20, the applicant seeks the following relief: 1. The rescission of the judgment in HC 4945/18. 2. The joinder of the Applicant in Case No. HC 4945/18 3. That the 1st Respondent serves the Applicant with a copy of the application and founding affidavit in HC 4945/18 within 4 days from the date of this order being granted. 4. That Applicant is granted 10 days within which to file its... More

1. EDWARD BUWU CASE NO. HC 7760/18 AND FANI LESLY BUWU VERSUS VILLAGE INN (PVT) LTD AND SHERPHARD T. CHIMUTANDA AND TATIPANO PROPERTIES (PVT) LTD AND THE CHIEF REGISTRAR OF DEEDS 2. EDWARD BUWU CASE NO. HC 7843/18 AND FANI LESLY BUWU VERSUS FOLAY INVESTMENTS (PVT) LTD AND SHERPHARD T. CHIMUTANDA AND PARADISE ROAD (PVT) LTD C/O MR. MUDYIWA EDSON PADYA AND THE CHIEF REGISTRAR OF DEEDS (2021-01-13)
The plaintiffs are praying for an order against the defendants to the effect that the agreements of sale be and are hereby cancelled. That the fourth defendant be and is hereby restrained from effecting transfers in terms of the agreements. That the 2nd defendant bears costs on the higher scale of client- attorney. More


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