Midlands State University Library

Court Judgements

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BRUMFORD SERVICES PRIVATE LIMITED VERSUS WILLARD RUFU AND SAMSON MUTSAGONDO AND TIRIVEPANO HOUSING COOPERATIVE AND MINISTER OF LOCAL GOVERNMENT AND PUBLIC WORKS (2024-04-08)

The applicant is a holder of a lease agreement with the fourth respondent in respect of Stand number 5098 Saturday Retreat, Harare (the property). The applicant has been paying rentals to the fourth respondent in terms of that agreement. The applicant claims that the first and second respondents, who are members of the third respondent invaded the property and built structures thereon. This was done without the permission of the applicant and the fourth respondent. The applicant has instituted eviction proceedings against the respondents which proceedings have been defended. The applicant believes that the respondents have no bonafide defence to... More

BUBBLE TECH (PVT) LTD VERSUS CITY OF HARARE (2024-01-10)

This is an appeal against the judgment of the Magistrate sitting at Harare Magistrates Court. The parties entered into what is termed a BOT agreement, which is a Build, Operate and Transfer agreement. Essentially the agreement is encapsulated in a document at p 46 of the record. More

CAPITAL ENERGY (PVT) LTD T/A AGRO CONTRACTORS AND PROCESSORS VS. ASHELY KUMBIRAYI MUSIKAVANHU (2024-01-19)

The plaintiff issued summons against the defendant seeking an order for specific performance or alternatively, the value of soya bean not delivered to it in terms of a growers contract. The plaintiff’s case can be summarised as follows. The plaintiff and the defendant entered into a written contract for the 2017/18 growing season beginning October 2017 to September 2018. In terms of the agreement, the plaintiff undertook to provide and make available to the defendant farming inputs and cash to enable him to grow soya beans. More

CASE 1 TECHNOIMPEX JSC VERSUS RAJENDRAKUMAR JOGI AND TECHNOIMPEX JC [PRIVATE] LIMITED AND SARAH HWINGWIRI AND THE REGISTRAR OF DEEDS [N.O] AND THE SHERIFF OF THE HIGH COURT OF ZIMBABWE [N.O] CASE 2 HC 6784/19 TECHNOIMPEX JSC VERSUS RAJENDRAKUMAR JOGI AND SARAH HWINGWIRI AND MUSTAK GIRACH AND THE REGISTRAR OF DEEDS [N.O] AND THE SHERIFF OF THE HIGH COURT OF ZIMBABWE [N.O] AND G. MAPAYA (PRACTISING LAW AND TRADING AS MAPAYA & PARTNERS LEGAL PRACTITIONERS) AND TECHNOIMPEX JC [PRIVATE] LIMITED (2024-01-10)

MUSITHU J: This is a composite judgment which deals with two matters which were consolidated and argued at the same time at the request of the parties’ counsel. In HC 2524/22, which is Case 1 herein, the applicant applies for condonation for non-compliance with the rules of court and an extension of time within which to file a court application for rescission of a default judgment. The applicant is also seeking the rescission of the default judgment which was granted by this court in HC 2971/17. In HC 6784/19, which is Case 2 herein, the applicant is seeking the confirmation... More

CFI HOLDINGS LIMITED VERSUS STALAP INVESTMENTS [PVT] LTD AND NICOZ DIAMOND INSURANCE LIMITED AND RICHMOND LOUIS HAMILTON AND FIRST TRANSFER SECRETARIES AND SECURITIES AND EXCHANGE COMMISSION (2024-04-23)

This was a chamber application for condonation and upliftment of bar. The applicant, CFI Holdings Limited [“CFI Holdings”] is one of five defendants sued by the first respondent, Stalap Investments [Private] Limited [“Stalap Investments”], in the main action under the case reference number HC 1855-20 [“the main action”]. More

CHIEF NDLOVU VERSUS SITHEMBISO GILE NYONI AND MANDLA NDLOVU AND SITHABISIWE MATHEMA AND CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION AND ZIMBABWE ELECTORAL COMMISSION AND SITHABISILE NCUBE AND NKOSILATHI NCUBE AND VIRGINIA NDLOVU AND JUDAH NDLOVU AND ANDREW DUBE AND NKEMEZULU SIBANDA AND FUNDANI DUBE AND ZEBRON NCUBE (2024-02-15)

This is an election petition presented in terms of the provisions of Part XXIII of the Electoral Act [Chapter 2:13] (“the Act”). On 23 August 2023 Zimbabwe held general elections for the election of the President, members of the National Assembly and Councilors. The challenged election relates to the member of the National Assembly for Nkayi North Constituency in Matabeleland North Province (“the Nkayi North Constituency”). The election result of this Constituency was announced on 24 August 2024. More

CHRISTOPHER MIDZI VERSUS RCZ MABUKU PRINTING PRESS (PVT) LTD (2024-02-08)

The applicant seeks an order compelling the respondent to comply with the determination rendered by a designation agent on the 29th of November 2021. In that determination the respondent was ordered to convene disciplinary proceedings against the applicant within seven days and conclude the same within the period stipulated in SI 175/2012. More