Court Judgements




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(1) MINISTER OF MINES & MINING DEVELOPMENT (2) THE PROVINCIAL MINING DIRECTOR FOR MIDLANDS PROVINCE V (1) FIDELITY PRINTERS & REFINERS (PRIVATE) LIMITED (2) JONAH NHEVERA (2022-07-29)
This is an application for condonation for the late filing of an application for leave to appeal conjoined with the application for leave to appeal. The applicants have filed this application in terms of r 5 as read with r 32 of the Constitutional Court Rules, 2016 (the Rules). It is a composite chamber application for condonation and for leave to note an appeal against the decision of the Supreme Court in case number SC 107/21. More

(1) MUTUMWA MAWERE (2) SMM HOLDINGS LIMITED (3) AFRICA RESOURCES LIMITED (4) AFRICA CONSTRUCTION LIMITED (5) TAP BUILDING PRODUCTS LIMITED (6) FRIENDS OF SHABANIE MASHAVA MINES TRUST V (1) TICHAONA MUPASIRI (2) THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE (3) EDWIN MANIKAI (2022-03-09)
Under case no CCZ 10/2022, the applicants applied to intervene in certain ongoing proceedings brought by the first respondent against the second and third respondents. The essence of the order sought in these ongoing proceedings is a declaration that the second respondent failed to fulfil a constitutional obligation, the precise nature of which is yet to be determined. I shall hereafter refer to these ongoing proceedings as “the main matter”. The application for intervention was placed before me for determination. Before the hearing of the application, the applicants made an application for my recusal. After hearing submissions from the parties... More

(1) OTILIA MASHOKO (IN HER CAPACITY AS THE EXECUTRIX DATIVE IN THE ESTATE OF THE LATE ALBERT MACHENGETE MASHOKO AND TRUSTEE OF THE MASHOKO – KUSISA FAMILY TRUST) (2) THE MASHOKO-KUSISA FAMILY TRUST (3) TAFADZWA MASHOKO (4) MUNASHE MASHOKO (5) TATENDA MASHOKO (6) MEDELENE MASHOKO (A MINOR DULY REPRESENTED BY HER GUARDIAN OTILIA MASHOKO) V (1) ALBERTINA HAZVINEYI MASHOKO (DULY ASSISTED BY HER GUARDIAN BARBARA MAONDE-CHIKOSI) (2) ALBERT TARIRO MASHOKO (3) SEEF PROPERTIES (IN THEIR CAPACITY AS TRUSTEE OF THE MASHOKO-KUSISA FAMILY TRUST) (2022-10-20)
This is an appeal against the whole judgment of the High Court handed down on 2 July 2020 inter alia nullifying the Mashoko-Kusisa Family Trust, directing the first appellant and the third respondents to render a full account of the business operations and functions of that trust from 8 May 2006 and dismissing the claim for the eviction of the first respondent and those claiming occupation through her from the trust property known as No 1 Franco Close, Borrowdale Harare (the property). More

(1) FISANI MOYO (2) VALENTINE MINE V (1) BLANKET MINE (1983) PRIVATE LIMITED (2) ZIMBABWE REPUBLIC POLICE GWANDA (3) PROVINCIAL MINING DIRECTOR N.O (2022-07-23)
This is an appeal against the whole judgment of the High Court of Zimbabwe handed down on the 31 August 2021, and ordering the eviction of the appellants and all those claiming occupation through them, from a mining claim labelled Valentine 56. At the end of the hearing, the court dismissed the appeal with costs and indicated that full reasons for the judgment would follow in due course. These are they. More

(1) ZHIQIANG GAO (2) GUIBIAO ZHANG V (1) THE TAXING MASTER (2) DALIAN TIANCHENG MINERAL RESOURCES (PRIVATE) LIMITED (3) BAOMING HUANG (2022-11-25)
This is an opposed application for the review of taxation done by the first respondent in terms of r 56(2) of the Supreme Court Rules, 2018 (“the Rules”). Essentially, the applicants contend that the first respondent acted wrongly in deciding that the second and third respondents’ legal practitioner was entitled to levy her fees using only the upper margin fee of her applicable range of fees and in allowing a fifty percent premium on the fees levied. More

(1) BENSON MAKACHI (2) MR MUGAVA (3) SIMON NOTA (4) SILAS GWESHE (5) GIBSON MUTSAKA (6) EVERSON BREAKFAST (7) DAVISON CHIVESO (8) FREDSON GAMA V EVANGELICAL CHURCH OF ZIMBABWE (2022-09-29)
This is an appeal against the whole judgment of the High Court, sitting at Harare, handed down on 29 July 2020 as judgment number HH495/20, wherein the court a quo granted a declaratory order to the effect that the appellants were no longer members of the respondent and were thus not entitled to the use of the respondent’s name and properties. More

(1) CRISPEN VUNDLA (2) DAVID MUCHINGURI V (1) INNSCOR AFRICA BREAD COMPANY ZIMBABWE (PRIVATE) LIMITED (2) MAXWELL SABILIKA N.O (2022-02-01)
On 13 April 2021, the applicants filed a chamber application for condonation and extension of time to appeal in terms of r 61 as read with r 43 of the Supreme Court Rules, 2018. It is opposed by the first respondent. More


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