Court Judgements




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1. TRYMORE CHAPFIKA B 93/21 VERSUS THE STATE 2. CHARLES CHIRARA B 107/21 VERSUS THE STATE (2021-02-26)
The above two applications were consolidated by consent of counsel on application by the prosecutor Mr Murevanhema. Mr Murevanhema submitted that the two applicants were co-accused in the matter in regard to which they have applied for bail pending trial. The prosecutor had summoned the Investigating Officer to give evidence on both applications in regard to the bail applications. It was thereof convenient for the investigating officer to give evidence in regard to both applications instead of giving evidence in each application separately. The consolidation was for purposes of hearing and judgment. More

1. TEERERAI L MUTASA AND ELTON MANGOMA VERSUS FRANCIS MAPFUMO N.O AND THE STATE AND JOSHUA CHIFAMBA 2. ELTON STEERS MANGOMA VERSUS FRANCIS MAPFUMO N.O AND THE STATE AND JOSHUA CHIFAMBA AND TERERAI LUIS MUTASA (2021-03-17)
The applicants filed separate court applications which we consolidated at the request of the applicants because it was convenient to do so. The applicants were jointly charged with Joshua Chifamba in a trial pending before the 1st respondent. They appeared before the Anti-Corruption Court sitting at Harare Magistrates Court. The three were jointly charged with the crime of criminal abuse of duty as public officers as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More

A B VERSUS ZIMBABWE REVENUE AUTHORITY (2021-07-20)
The applicant seeks leave to appeal. This is in respect of a composite judgment of this court and the Fiscal Appeals Court on 22 April 2021 under the reference no HH 197-21, per NDOU AJ. That judgment dismissed some appeals by the applicant. The appeals had been noted against certain decisions by the respondent in respect of some objections by the applicant over the tax assessments on it for the period 2011 to 2016. [2] The dispute centred on the allowable deductibles over the rental income earned by the applicant from a certain immovable property that she had inherited from... More

A. ADAM AND COMPANY (PRIVATE) LIMITED (2) SGI PROPERTIES (PRIVATE) LIMITED (3) GARABGA NCUBE AND PARTNERS V GOODLIVING REAL ESTATE (PRIVATE) LIMITED (2021-03-29)
This is an appeal against the whole judgment of the High Court sitting at Harare dated 10 July2019 in favour of the respondent. The court a quo in this case granted an interdict against the first and second appellants ordering them to share the money collected between 2014 and 2018 in accordance with the partnership agreement and stopping them from interfering with the management of stands 147 and 151 Mbuya Nehanda Street Harare. More

AARON MUSITEYI VERSUS THE STATE (2021-02-12)
The applicant was arraigned before the Magistrates Court on a charge of rape as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that some time in December 2020 the complainant approached the accused’s shop to buy a zip. The accused took advantage of being alone with the complainant and forced the complainant to sit on his lap following which he exposed his and her private parts and forcefully inserted his male organ into the complainant’s private parts thereby having none consensual sexual intercourse with the complainant. More

AB ITC 21/18 VERSUS ZIMBABWE REVENUE AUTHORITY (IN THE SPECIAL COURT FOR INCOME TAX) AB FA 11/18 VERSUS ZIMBABWE REVENUE AUTHORITY (IN FISCAL COURT) (2021-04-22)
The appellant inherited a commercial property from her late husband, Stand Number 615 C Avenue, Mutare. The property houses several tenants who were paying rentals. More

ABSOLOM MUCHANDIONA VERSUS AROSUME PROPERTY DEVELOPMENT (PRIVATE) LIMITED (2021-09-13)
On the 8 of June 2021 I dismissed the application for a declaratur herein with no order as costs. This was on the basis that the declaratur could not be granted under the contradicting factual circumstances averred by applicant and respondent regarding the applicant’s obligations to the respondent. More


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