Court Judgements




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(1) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARYAFFAIRS (2) ATTORNEY GENERAL OF ZIMBABWEV NYASHA CHIRAMBA (2023-06-06)
The first appellant is the Minister of Justice, Legal and Parliamentary Affairs,while the second appellant is the Attorney General.The respondent,Nyasha Chiramba ,is a law student who introduces himself as a firm believer in human rights. Therespondentfiledaconstitutionalapplicationinthecourtaquoforamandamuscompellingtheappellantstocomplywiths106(3)oftheConstitutionofZimbabwe2013 [ “the Constitution”], by initiating the process of enacting the Act contemplated in the subsection. The respondent asserted locus standi to bring the application on the basis that he has an interest in enforcing compliance with the supreme law of the land. More

(1) PEPPY MOTORS (PRIVATE) LIMITED T/A AGRITECH (2) SABRINO SARPO (3) TONY SARPO V 1) RUZIRUN INVESTMENTS (PRIVATE) LIMITED (2) JOICE TEURAI ROPA MUJURU (3) THE SHERRIFF (N.O) (2023-03-17)
This is an appeal against the whole judgment of the High Court which confirmed a provisional order that the first and second respondents had satisfied their judgment debt denominated in US Dollars by making payments in RTGs dollars converted at a bank rate of one United States dollar to one RTGS dollar. More

(1) S. J. W. (IN HIS CAPACITY AS LEGAL GUARDIAN OF MINOR CHILD R. S. W) (2) H. C. W. (IN HER CAPACITY AS LEGAL GUARDIAN OF MINOR CHILD C. R. H. M) V (1) LOUISE MORRISBY (2) CARL STUART LAPHAM (3) ST. CHRISTOPHERS SCHOOL (4) TRUSTEES FOR THE TIME BEING OF ST. CHRISTOPHERS SCHOOL TRUST (5) BOARD OF GOVERNORS OF ST. CHRISTOPHERS SCHOOL (2023-03-23)
By judgment delivered on 5 October 2022, the High Court [“the court a quo”], dismissed the appellant’s court application made in terms of s 27(1) (c) of the High Court Act [Chapter 7:06] [“the High Court Act”] as read with r 62 of the High Court Rules, 2021, for the review of disciplinary proceedings conducted by the respondents. This appeal is against that judgment. More

(1) S. J. W. (IN HIS CAPACITY AS LEGAL GUARDIAN OF MINOR CHILD R. S. W) (2) H. C. W. (IN HER CAPACITY AS LEGAL GUARDIAN OF MINOR CHILD C. R. H. M) V (1) LOUISE MORRISBY (2) CARL STUART LAPHAM (3) ST. CHRISTOPHERS SCHOOL (4) TRUSTEES FOR THE TIME BEING OF ST. CHRISTOPHERS SCHOOL TRUST (5) BOARD OF GOVERNORS OF ST. CHRISTOPHERS SCHOOL (2023-03-23)
The appellants are the guardians of the minor children R. S. W. and C. R. H. M. respectively. In this judgment R. S. W. and C. R. H. M. are jointly referred to as “the children”. Pitted against the appellants are the third respondent, a trust school registered as a non-governmental school in terms of the Education Act [Chapter 25:04] [the “Education Act”], the first respondent who is the headmistress of the school and the second respondent who is the deputy headmaster. The fourth and fifth respondents are the trustees for the time being for the St. Christophers School Trust... More

(1) THE TRUSTEES FOR THE TIME BEING OF CAPS PHARMACEUTICAL TRUST VERSUS CAPS HOLDINGS LIMITED AND CAPS (PRIVATE) LIMITED AND MINISTER OF INDUSTRY AND COMMERCE N.O. AND A.M. EBRAHIM (HON RETIRED JUDGE) N.O. (2) MINISTER OF INDUSTRY AND COMMERCE N.O. VERSUS THE TRUSTEES FOR THE TIME BEING OF CAPS PHARMACEUTICAL TRUST AND CAPS HOLDINGS LIMITED AND CAPS (PRIVATE) LIMITED (2023-07-19)
The applicant received, by way of donation, 51% of the second respondent’s shares in 2011 through the shareholders agreement. This transaction shall be hereinafter called “the 2011 agreement” or the “shareholders agreement”. In 2016, Mr Mutanda sold his shares for the companies to the Government of Zimbabwe. According to the third respondent, the transaction saw the Government of Zimbabwe becoming the major shareholder in the second respondent. However, the applicant is disputing this. In 2020, the third respondent appointed board members for the second respondent. The applicant disputed this and initiated the arbitration proceedings through the letter dated 10 November... More

(1) AUGUR INVESTMENTS (2) DOOREST PROPERTIES V (1) FAIRCLOT INVESTMENT (2) THE SHERIFF (3) THE REGISTRAR OF DEEDS (2023-09-15)
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare, handed down on 9 May 2023, dismissing the first appellant’s application for a declaration under case HC 5989/19 and granting the first respondent’s application to set aside the second respondent’s decision to uplift judicial attachment on stand 654 Pomona Township, under case HC 10315/19. More

(1) COLLINS MANGENJE (2) GODWIN MANGENJE V (1) ISAAC TIGERE TICHARWA(IN HIS CAPACITY AS THE DULY APPOINTED EXECUTOR DATIVE OF THE ESTATE OF THE LATE KENNEDY MANGENJE DRMRE 329/18) (2) MANGENJE BROTHERS (PRIVATE) LIMITED (IN LIQUIDATION) (3) CECIL MADONDO (IN HIS CAPACITY AS LIQUIDATOR OF MANGENJE BROTHERS (PVT) LTD) (4) MASTER OF THE HIGH COURT (2023-11-07)
The first respondent brought an application in the court a quo for the provisional liquidation of the second respondent in terms of s 5 (1) (b) (iii) of the Insolvency Act [Chapter 6:07] (the Act). The section authorizes one or more members of a company to apply for an order to wind up a company in circumstances where it is just and equitable that the company be liquidated. Section 4 (1) of the Act clothes the first respondent, in his capacity as executor with the authority to apply for the liquidation of the second respondent as a debtor of the... More


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