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Objectives, Vesting of Administrative Powers, Disputes, Derivative Actions and the Proper Plaintiff Rule

HH49-09 : DYNAMOS FOOTBALL CLUB (PRIVATE) LIMITED and DYNAMOS FOOTBALL CLUB vs RICHARD CHIMINYA and OTHERS
Ruled By: CHATUKUTA J

This is an opposed application in which the applicant sought the following relief, that:“1. The affairs of the Second Applicant shall be run by the Board of Directors of the First Applicant.2. The Ninth Respondent (the Premier Soccer League) shall forthwith recognize any person appointed by the First Applicant and ...
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HH111-08 : RAILWAY ARTISANS UNION and RAILWAY ASSOCIATION OF YARD OPERATING STAFF and ANOR vs RAILMED and NATIONAL RAILWAYS OF ZIMBABWE and RAILWAYS EMPLOYMENT COUNCIL
Ruled By: GOWORA J

This matter was initially placed before me under a certificate of urgency. As the final and interim relief sought on the provisional order were the same, I wrote an endorsement on the face of the application querying the manner in which the relief had been framed.The letter of explanation was ...
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HB10-09 : BUSISIWE ANNAH SIBANDA vs DAN SIBANDA and MATABEZI VUKA UZENZELE TRUST
Ruled By: CHEDA J

The applicant and the first respondent were married to each other according to the laws of Zimbabwe in October 1992. The marriage was blessed with two children, and during the subsistence of the marriage, the parties acquired a sizeable number of assets. The parties' marriage encountered some problems, which resulted in their separation. The applicant left the matrimonial ...
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SC71-14 : EDWARD TAWANDA MADZA and OTHERS vs REFORMED CHURCH IN ZIMBABWE DAISYFIELD TRUST and REFORMED CHURCH OF ZIMBABWE and NAISON TIRIVAVI and DUTCH REFORMED CHURCH
Ruled By: ZIYAMBI JA, GARWE JA and HLATSHWAYO JA

The appellants, on 21 August 2013, brought an application in the High Court on a certificate of urgency seeking a provisional order in the following terms:“1. It is hereby ordered and declared that the management of Eaglesvale School vests in the Management of the Board of Governors of Eaglesvale School and the School Development ...
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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

The plaintiffs are trustees of the Leonard Cheshire Homes Trust, a Trust established in terms of the trust laws of Zimbabwe. The Trust was established in 1981. The trustees, were appointed at different stages, as will be clarified in the judgment. The main objective of the Trust, as provided in clause 3(i)(a) of the Deed ...
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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

Counsel for the defendants, relying on the cases of Osman v Jhavany 1939 Ad 351…., Exparte Kemp's Executor (1940) WLD 26 and Macfoy v United Africa Co. Ltd 1961 (3) ALL ER 1169…., raised the issue of the validity of the appointment of these trustees by persons who were no longer validly holding ...
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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

The Trust's business was being conducted in contravention of the provisions of the Deed of Trust to an extent that it would be dangerous to assume that Mr Muzondo was properly appointed. Many trustees conducted the business of the Trust when their terms of office had expired. The Trust, at one point, had eight trustees ...
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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

Counsel for the plaintiff submitted that the court should uphold the decision of the trustees in spite of the…., irregularities in their holding office as trustees, as a Trust must not fail for want of trustees. He urged the court to interpret the Deed of Trust purposively in order to give it meaning rather ...
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HB169-16 : THE SHERIFF OF THE HIGH COURT OF ZIMBABWE vs DEVELOPMENT TRUST OF INSIZA and ZIMBABWE ASSOCIATION OF DAIRY FARMERS
Ruled By: TAKUVA J

In Ruzengwe Anor v Zvinavashe HH356-14 the court said where a trustee of a trust purports to stay in office beyond the period for which he was appointed any decision made by him may be challenged and may indeed be invalid.
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HH356-14 : CLEMENT RUZENGWE N.O. (as Trustee and Chairman of the Vitalis Zvinavashe Trust) and SHINGAI MUTUMBWA N.O. (as Trustee) and MARGARET MUTAMBA ZVINAVASHE N.O. (as Trustee) vs RICHARD ZVINAVASHE
Ruled By: CHITAKUNYE J

The late Vitalis Musungwa Gava Zvinavashe, in a bid to ensure that his estate, accumulated during his lifetime, was properly administered during the last part of his life and after his death, decided to form a trust, namely, Vitalis Musungwa Gava Zvinavashe Trust (hereinafter referred to as the Trust). The beneficiaries of the Trust included himself, ...
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HH204-15 : THUTHANI MOYO vs JOHN BOWMAN and PONDS PHIRI and BERYL WATSON and MARGARET JAMES and ABEL DENHERE and OTHERS
Ruled By: MAWADZE J

While our legal system allows unrepresented litigants to approach the High Court in civil matters, this case brings into focus the need, in some cases which involve intricate issues of law, for such litigants to be legally represented. My spirited attempts to advise the applicant to seek legal representation, even through the Registrar, were spurned by the applicant ...
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HH223-15 : ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) vs ALFRED MAKWARIMBA and KENNIAS SHAMUYARIRA and ELIAS MADZIVA and FREEDOM MUDUNGWE and OTHERS
Ruled By: MANGOTA J

The applicant represents workers in the sugar industry. It allegedly carries a membership of 16,000 workers. It is an affiliate of the Zimbabwe Federation of Trade Unions…,.The National Executive Committee is the applicant's governing body. The committee manages the affairs of the applicant. Its elected office bearers comprise:(a) The President;(b) ...
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HH229-15 : IZAYI PARK HOUSING SCHEME (represented by ELINAS GUMBO) vs SHADRECK GWENA and OTHERS
Ruled By: TAGU J

The applicant seeks a spoliation order against all the 18 respondents on the following terms:“A. TERMS OF THE FINAL ORDER SOUGHTIt is ordered that:(1) The Respondents are interdicted from interfering with the Applicant's project and business in whatever manner.(2) The Respondents' behaviour and conduct is hereby declared wrongful and ...