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Automatic Bar re: Bar of Perpetual Silence

HH90-13 : CLAUDIOUS MAPEDZAMOMBE vs EMILY MHINI
Ruled By: MAKONI J

Counsel for the respondent contended that it is not clear what the applicant seeks in the present application. When the applicant filed the present application he was represented by legal practitioners. They filed Heads of Argument and applied for set down of the matter. They then renounced agency. At the hearing, the applicant appeared ...
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HH604-18 : PUWAYI CHIUTSI and ELLIOT RODGERS vs SHERIFF OF HIGH COURT and ELLIOT RODGERS and REGISTRAR OF DEEDS and BARIADIE INVESTMENTS PL and MC DUFF MADEGA N.O. and PUWAYI CHIUTSI
Ruled By: MATHONSI J

This judgment disposes of two (2) applications.HC11349/17 is an application made by Puwayi Chiutsi (Chiutsi), a legal practitioner and officer of this court, and, as such, occupying a very privileged position in the justice delivery system, for an order setting aside the confirmation of the sale in execution of his ...
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HH87-12 : MARVELLOUS TARUONA vs MISHECK ZVAREVADZA and OTHERS
Ruled By: KUDYA J

The plaintiff has, apart from the fourth (Emmanuel Zvarevadza) and fifth (Darikai Butsa) defendants, been involved in legal combat with all the other parties in HC2765/05, Misheck Zvarevadza (first defendant), Dadirai Moses (second defendant), Shadreck Zvarevadza (third defendant), Cobra Security (Pvt) Ltd (sixth defendant), Controller of Private Investigations and Security ...
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HH283-17 : IGNATIUS MASAMBA vs THE SECRETARY – JUDICIAL SERVICE COMMISSION and MERCY GORONGOZA
Ruled By: CHITAPI J

Courts have a duty to guard the abuse of the court process, and, where there is unmitigated abuse...,, it is only reasonable, expected, and indeed proper, for the court to shut its doors to the abuser and/or place such abuser on terms with regards how he may be allowed to ...
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HH283-17 : IGNATIUS MASAMBA vs THE SECRETARY – JUDICIAL SERVICE COMMISSION and MERCY GORONGOZA
Ruled By: CHITAPI J

On 7 November 2016, the applicant filed this chamber application....,.The Nature of the ApplicationThe chamber application purports to be founded on Rule 449(1)(b) of the High Court Rules, 1971. The Rule provides as follows:“449 Correction, variation and rescission of judgments and orders(1) The court or a judge may, in addition ...
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HH390-18 : MIDLANDS STATE UNIVERSITY vs ALOIS MATONGO
Ruled By: MUZOFA J

The applicant seeks an order for perpetual silence against the respondent.The order sought is, in the alternative, as follows:-“1. The respondent be and is hereby ordered to maintain perpetual silence against the applicant, that is to say, the respondent be and is hereby barred and interdicted from instituting any litigation, ...
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SC54-06 : VIGOUR FUYANA vs NTOMBAZA MOYO
Ruled By: CHIDYAUSIKU CJ

This is a Chamber application for the condonation of the late noting of an appeal. Although the applicant does not specifically aver this, I shall assume that the application is made in terms of Rule 31 of the Supreme Court Rules (“the Rules”).On 25 July 2005, SANDURA JA, sitting with ...
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HB189-18 : CLAUDIUS MANAMELA and BRIGHTON NANGA and SIBONGILE MANAMELA vs ROSEWELL ZULU and APOSTOLIC FAITH MISSION OF AFRICA INTL and CLEMENT NYATHI and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: MABHIKWA J

On 30 January 2018, the applicants caused to issue legal proceedings, an application, out of this Honourable Court –“In the High Court of Zimbabwe, held in Bulawayo. The applicant sought an order that it be declared that:(1) That the President of the Apostolic Faith Mission of Africa International is Reverend ...
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SC81-21 : FRANK HUMBE vs DESMOND MUCHINA and SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA and SHERIFF OF ZIMBABWE and FADZAYI MUNYAMANA
Ruled By: BHUNU JA, MATHONSI JA and KUDYA AJA

It is not the number of times that a litigant approaches the court seeking recourse which determines a matter in the litigant's favour - but the existence of a sustainable cause of action.
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HH699-16 : IGNATIUS MASAMBA vs ZETDC
Ruled By: MAKONI J

The applicant approached this court seeking rescission of default judgment entered against him in Case No. HC9544/15 on 8 March 2016.The background to the matter is that the applicant, as plaintiff, sued the respondent, then the defendant, in the Magistrates Court. The particulars of claim were not clear and concise ...
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HH701-16 : IGNATIUS MASAMBA vs DIRECTOR OF ZIMSEC
Ruled By: MAKONI J

The applicant and his son, Ian Masamba, in HC0051/15 sued the respondent claiming damages for what they termed “professional negligence for mental suffering” in the sum of USD1,200,000.The applicant further claimed payment of USD1,400,000 for what he termed “defamation libel.”The respondent excepted to the summons as well as filed a ...
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