Court Judgements




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ACCA ZIMBABWE VERSUS CUTHBERT MUNHUPEDZI (2021-05-12)
Applicant seeks vindication of vehicles it allocated to respondent for his use during the course and scope of his employment. Respondent argues that the vehicles are now his in terms of his contract of employment. More

ACTGLOW INVESTMENTS (PRIVATE) LIMITED VERSUS PROVINCIAL MINING DIRECTOR, MASHONALAND CENTRAL AND THE SECRETARY, MINES AND MINING DEVELOPMENT (2021-07-22)
This is an application for the respondents to be held to be in contempt of the order of Court which was granted in Case No. HC 1138/19, and for them to be sentenced to ninety days imprisonment to be suspended on condition that the respondents comply with the said order. The order in HC 1138/19 was granted on 13November 2019. The applicant seeks costs against the respondents on the legal practitioner and client scale. The application is opposed by the respondents. More

ADHESIVE PRODUCTS MANUFACTURERS (PRIVATE) LIMITED VERSUS PARKAM ENTERPRISES (PRIVATE) LIMITED (UNDER THE PROVISIONAL JUDICIAL MANAGEMENT OF N. MOTSI) AND THE ASSISTANT MASTER OF THE HIGH COURT N.O. (2021-02-01)
DUBE-BANDA J: This application was set-down during vacation, i.e. on the Motion Court for the 17 December 2020. When this matter was called, Mr Moyo, counsel for the applicant rose and made a submission that the papers were in order, and he prayed for an order in terms of the draft order. Mr Mazibiko, stood up and said he was representing the 1st respondent. I noted that 1st respondent was not served with the notice of set-down, Mr Mazibuko might have only become aware of the application because the matter was called out in his presence in the Motion Court.... More

ADMIRE RUBAYA AND MIRIAM CHIBA VERSUS MAZVEL INVESTMENTS (PRIVATE) LIMITED AND INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE (2021-03-23)
This is an urgent application for an interim interdict. The applicants’ draft provisional order is couched in the following wording “TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following terms: 1. It be and is hereby declared that the intended withdrawal of Stand 805, Sumben Housing Project, Mt Pleasant, Harare measuring 3384 square metres from the applicants is unlawful and of no force and effect. 2. The respondents’ pay costs of the application jointly and severally the one paying the other to be absolved on... More

ADRIAN MOYO VERSUS MASTER OF THE HIGH COURT AND OLIVER MASOMERA (IN HIS CAPACITY AS THE EXECUTOR DATIVE OF THE ESTATE LATE S.J.L MOYO DR 2120/04) (2021-05-06)
The applicant who appeared in person sought the following relief: - “IT IS ORDERED THAT 1. The application be and is hereby granted 2. The 1st Respondent shall within 10 days of this order instruct the 2nd respondent to finalise and advertise the supplementary account as provided for under the law 3. The 1st respondent shall instruct the 2nd respondent to commence the necessary court proceedings to recover all the estate’s unaccounted assets or proceeds from the unauthorised disposal of such assets, within 14 days of this order 4. 1st and 2nd respondent to pay costs jointly each paying the... More

AFRITRADE INTERNATIONAL LIMITED V ZIMBABWE REVENUE AUTHORITY (2021-03-23)
This is an appeal against the judgment of the Fiscal Appeal Court dismissing an appeal against the determination of the respondent requiring the appellant to pay value added tax (VAT) on the importation of certain goods into Zimbabwe. More

AFROCHINE ENERGY (PRIVATE) LIMITED VERSUS CHEN SHANGSONG AND XU KEMIN AND CHEN SHENG AND ZHOU ZHUQIANG AND GAOYANMIN AND TSINGSHAN MINING INVESTMENT AND ZIMBABWE (PRIVATE) LIMITED AND AFROCHINE SMELTING (PRIVATE) LIMITED (2021-07-07)
This application has been filed on a certificate of urgency. The brief facts of the matter are that the Applicant and sixth Respondent acquired shares in the seventh Respondent in 2012 in terms of a Shareholders Agreement. In terms of the Shareholders Agreement the Board of the seventh Respondent was to comprise of five (5) directors, one to be appointed by the Applicant and four by the sixth Respondent. However, an extra board member was appointed under unclear circumstances. This application has been filed in terms of Section 60. 62 and 65 of the Companies and Other Business Entities Act... More


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