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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 ...
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Appealed
SC56-20 : MOVEMENT FOR DEMOCRATIC CHANGE and NELSON CHAMISA and MORGAN KOMICHI vs ELIAS MASHAVIRA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

This is an appeal against the entire judgment of the High Court, sitting at Harare, handed down on 8 May 2019, in which the following order was granted:1. The appointment of the 2nd and 3rd respondents as Deputy Presidents of the Movement for Democratic Change party were unconstitutional therefore null ...
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HH302-19 : ELIAS MASHAVIRA vs MOVEMENT FOR DEMOCRATIC CHANGE (MDC) and NELSON CHAMISA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA and MORGAN KOMICHI
Ruled By: MUSHORE J

The applicant is a member of the Movement for Democratic Change [hereinafter “MDC” or 'the party”) having joined the party in 2000. He is also currently the Organising Secretary for the Gokwe Sesame District of the party.The respondents were cited by the applicant as follows;(i) The first respondent is the ...
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SC37-09 : EDDIES PFUGARI (PVT) LTD vs KNOWE RESIDENTS ASSOCIATION and NORTON TOWN COUNCIL
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

This is an appeal against the judgment of the High Court directing the appellant to fully service residential stands in Phase 1 of the Knowe Housing Development in Norton.The facts of this case are these:The appellant, a private company, is a property developer whilst the respondent is an association of ...
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SC67-21 : COSSAM CHIANGWA and OTHERS vs APOSTOLIC FAITH MISSION IN ZIMBABWE and OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and KUDYA AJA

This is an appeal against the entire judgment of the High Court, dated 4 September 2019, in which the court a quo granted a declaratur and consequential relief sought by the respondents against the appellants and dismissed the application for a declaratur sought by the appellants against the respondents.The order ...
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Appealed
SC97-21 : THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST vs NMB BANK LTD
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

This is an appeal against the entire judgment delivered by the Honourable Justice Zhou in the High Court of Zimbabwe.The order sought to be impugned reads as follows:“IT IS ORDERED THAT:1. Judgment be and is hereby given in favour of the plaintiff against the first, second, and third defendants jointly ...
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HH466-18 : NMB BANK LTD vs THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST
Ruled By: ZHOU J

The plaintiff, a commercial Bank, claims against the three defendants payment of a sum of money amounting to US$1,105,748=90 together with interest thereon at the rate of 15% per annum calculated from the 9th September 2015 to the date of payment in full; such interest to be calculated monthly and ...
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SC116-21 : ALFRED MWAZHA and OTHERS vs ERNEST MHAMBARE
Ruled By: MAVANGIRA JA, UCHENA JA and CHIWESHE JA

This is an appeal against the whole judgment of the High Court sitting at Harare granting a declaratur in favour of the respondent.The judgment appealed against set aside the nomination of the first appellant (Alfred Mwazha) as successor to the Archbishop Ernest Paul Mamvura Mwazha, the head of the tenth ...
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HH02-21 : ERNEST MHAMBARE vs ALFRED MWAZHA and OTHERS
Ruled By: MUREMBA J

Following a leadership dispute in the African Apostolic Church (VaApostora VeAfrica) which is the tenth respondent in this matter, the applicant approached this court, by way of a court application in case number HC2402/20 for a relief.He petitioned the court, in his capacity as an interested party, reverend, and church ...
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SC141-21 : WISE GARIRA and SHEPHARD MASHINGAIDZE and BAYAI BAYAI vs NATIONAL ENGINEERING WORKERS UNION and FIRST CAPITAL BANK
Ruled By: GUVAVA JA, BHUNU JA and KUDYA AJA

This is an appeal against the whole judgment of the High Court (the court a quo) which ordered the removal of the three appellants from being signatories to the first respondent's Bank account with the second respondent.The appeal is opposed by the first respondent....,.BRIEF BACKGROUND OF THE CASEThe first respondent ...
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HB44-15 : RAILWAYS ARTISAN UNIONS vs NATIONAL RAILWAYS OF ZIMBABWE and OTHERS
Ruled By: TAKUVA J

Constitutions of voluntary associations should be interpreted in a manner which gives effect to the objects of the association as was held in Mudzumwe Ors vs MDC Anor 2012 (1) ZLR 490; Mudzengi Ors v Hungwe Anor 2001 (1) ZLR 179; and ...
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HH08-15 : JOHN MAKARUDZE and MAXWELL MUNONDO vs COSMOS BUNGU and THE EXECUTIVE COMMITTEE, HARARE MUNICIPAL WORKERS' UNION and THE HARARE MUNICIPAL WORKERS' UNION
Ruled By: MAFUSIRE J

The Constitution for the third defendant, Harare Municipal Workers Union (hereafter referred to as “the Union”), was registered with the then Industrial Registrar in 1962. It listed eleven objects. The first of these was to regulate the relations between members and their employers, and to protect and further the interests ...
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HMA38-19 : BERRINGTON ZVANYANYA and OTHERS vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and OTHERS
Ruled By: MAFUSIRE J

Applicants 1 to 10 (Berrington Zvanyanya, Samuel Jinjika, Nyararai Dembo, Madhuvura Emmanuel, Madzuro Stiriki, Lovemore Muteurwa, Vengai Masungwini, Ngonidzashe Mabina Mudambanuki, Joe Gasva and Masacha Tapiwa) are one faction of a trade union.Respondents 2 to 6 (Godfrey Katerere, Brawl Chikandiwa, Tavanga Vandirai, Lucia Chirilele and Nokhutula Dube) are the other.The ...
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SC01-22 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: GUVAVA JA, UCHENA JA and KUDYA AJA

This is an appeal against the whole judgment of the High Court (court a quo). The suspension from office of the appellant led to a flurry of court applications in the court a quo. This is just one of them in which the court a quo dismissed the appellant's application.The ...
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HMA47-19 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) and OTHERS
Ruled By: WAMAMBO J

The applicants filed an Urgent Chamber Application on 26 September 2019. The first to seventh respondents (Zimbabwe Sugar Milling Industry Workers Union, Godfrey Katerere, Brawl Chikandiwa, Tavonga Vandirai, Lucia Chirilele, Nokhutula Dube and Faster Gono) filed opposing papers on the date of the hearing.The 8th to 14th respondents (Berrington Zvanyanya, ...
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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

It is not in every case that the court would insist on a resolution to authorize or defend proceedings.Where a juristic entity has brought itself before the court, particularly where it is represented by a legal practitioner, it is up to the person alleging want of authority to produce evidence ...
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HMT03-19 : THE TRUSTEES OF THE UNITED MUTARE RESIDENTS AND RATEPAYERS TRUST (UMRRT) vs CITY OF MUTARE and THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING
Ruled By: MUZENDA J

On the 23rd of March 2015, Mr Sebastian Bakare; Mr Terrance Moody; Ms Natsai Nyamuwanza; Mr Cephas Sagwete; Ms Poshier Magada; Ms Maraidza Elizabeth Mutambara joined together to form United Mutare Residents and Ratepayers Trust.Counsel for the applicant appears on the copy of the Resolution dated 3rd July 2018 which ...
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