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Consensus Ad Idem re: Approach iro Foundation, Sanctity, Privity, Retrospectivity and Judicial or Statutory Interference

HH728-17 : C R S (PVT) LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

The appellant strongly argued against the alteration of the contract of lease concluded between the related parties by the respondent.While counsel for the respondent conceded, that, the respondent did not have the legal authority to alter the contract of the related parties, he forcefully argued, that, it had the power ...
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HHH229-19 : INTRATREK ZIMBABWE (PVT) LTD and WICKNELL CHIVAYO vs PROSECUTOR GENERAL OF ZIMBABWE and L. NCUBE N.O.
Ruled By: TAGU J

This is an application for the review of the second respondent's ruling dismissing the applicants exception to criminal charges preferred against them in the court of the Provincial Magistrate at Harare under case number CRB P9114-5/2018. The ruling was handed down on the 19th of November 2018.The first applicant is ...
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HH411-15 : TENDAI MASAMBA vs ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (PVT) LTD
Ruled By: CHIWESHE JP and CHITAKUNYE J

On 26 March 2015, we dismissed the appellant's appeal with costs on the attorney-client scale. We indicated that full reasons will follow. These are the reasons for the dismissal.The appellant owns an immovable property, namely, Flat No.4 Resdale, 56 Selous Avenue, Harare. The appellant is resident in New Zealand and ...
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HMT26-20 : AYAN TRADING (PRIVATE) LIMITED vs CLEARSKY (PRIVATE) LIMITED
Ruled By: MWAYERA J and MUZENDA J

On 12 November 2019, the court sitting at Mutasa Magistrates Court granted a judgment in favour of the respondent herein and ordered as follows:1. That the defendant be ordered to pay US$314,112=68.2. That the defendant be ordered to pay interest at a present rate.3. That the defendant pays costs of ...
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CC07-16 : AMOS MAKANI and OTHERS vs ARUNDEL SCHOOL and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

The four applicants are the fathers and guardians of their respective minor daughters, all four of whom are pupils at Arundel School, a private girls school situated in Harare.The first and second respondents are the Trustees and Headmistress of the School.The third respondent is the Minister of Primary and Secondary ...
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SC04-22 : HOMELINK (PRIVATE) LIMITED vs CLEVER MAPUTSENI
Ruled By: MAVANGIRA JA, UCHENA JA and CHITAKUNYE JA

This is an appeal against the whole judgment of the High Court handed down on 8 September 2020, declaring “that payment by the applicant (respondent) of the sum of RTGS$235,620=99 together with interest at the prescribed lending rate calculated from 19 February 2020 to the date of final payment shall ...
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SC05-22 : CUTHBERT DUBE vs PREMIER SERVICE MEDICAL AID SOCIETY and PREMIER SERVICE MEDICAL INVESTMENTS
Ruled By: MAKONI JA, MATHONSI JA and CHITAKUNYE JA

This is an appeal against the whole judgment of the Labour Court (the court a quo) which allowed two appeals filed in that court by the first and second respondents in terms of section 98(10) of the Labour Act [Chapter 28:01].It set aside the two awards made in favour of ...
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SC43-22 : LEGACY HOSPITALITY MANAGEMENT SERVICES LIMITED vs AFRICAN SUN LIMITED and HON. JUSTICE MTSHIYA (RTD) N.O.
Ruled By: MAKONI JA, MATHONSI JA and MWAYERA JA

This is an appeal against the entire judgment of the High Court dismissing an application to set aside an arbitral award in terms of Article 34 of the Arbitration Act [Chapter 7:15] and registering the award instead.FACTUAL BACKGROUNDThe appellant is a non-resident company in the business of hospitality management providing ...
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SC50-22 : LONRHO LOGISTICS (PRIVATE) LIMITED vs RAM PETROLEUM (PRIVATE) LIMITED
Ruled By: UCHENA JA, MATHONSI JA and KUDYA JA

Dismayed by the respondent's outright refusal to deliver to it outstanding fuel in terms of an agreement of sale entered into between the parties, the appellant filed a claim for specific performance in the High Court (“the court a quo”).The appellant sought judgment compelling the respondent to deliver 120,000 litres ...
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SC59-22 : DELTA BEVERAGES (PRIVATE) LIMITED vs BLAKEY INVESTMENTS (PRIVATE) LIMITED
Ruled By: BHUNU JA, MAKONI JA and CHITAKUNYE AJA

This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 1 December 2020 dismissing the appellant's application for a declaratur....,.FACTUAL BACKGROUNDThe appellant is a company duly incorporated in Zimbabwe whilst the respondent is a foreign company duly incorporated in South Africa.It ...
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SC59-22 : DELTA BEVERAGES (PRIVATE) LIMITED vs BLAKEY INVESTMENTS (PRIVATE) LIMITED
Ruled By: BHUNU JA, MAKONI JA and CHITAKUNYE AJA

It is not open to a party to seek to rely on its own default or illegality to avoid its obligations. These courts are loathe to lend support to such a party: see Standard Chartered Bank Limited v Matsika 1997 (2) ZLR 389 (SC).In Book v Davidson 1988 (1) ZLR ...
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HB60-19 : JOEL SILONDA vs VUSUMUZI NKOMO
Ruled By: BERE J

On 22 April 2015, the plaintiff issued summons out of this court seeking the following order against the defendant:“(1) An order confirming null and void the purported agreement of sale signed by the plaintiff and defendant on the 12th January 2010 in respect of Umguza 100 Acre Lot 5A for ...
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HH606-18 : NMB BANK LIMITED vs FORMSCAFF (PVT) LTD and PENNIWILL (PVT) LTD and RODNEY GALLAGHAN and MILLICENT GALLAGHAN and CHARLES CANNINGS and CLIFFORD JOHNSON and LESLEY BENNET
Ruled By: MUZENDA J

This court cannot prepare a contract for the parties, it will interpret what is on paper and draw conclusions from such.
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Appealed
SC27-22 : ZIMBABWE CRICKET vs HARARE SPORTS CLUB and ADVOCATE DANIEL TIVADAR (ARBITRATOR)
Ruled By: MALABA CJ, GUVAVA JA and MAVANGIRA JA

This is an appeal against the judgment of the High Court (“the court a quo”) handed down on 5 June 2019 wherein the appellant's application to set aside an arbitral award was dismissed for lack of merit.After hearing argument from both parties and considering the submissions made, the court dismissed ...
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HH398-19 : HARARE SPORTS CLUB CASE NO. HC9909/18 and ZIMBABWE CRICKET CASE NO HC10011/18 vs ZIMBABWE CRICKET and HARARE SPORTS CLUB and ARBITRATOR ADVOCATE DANIEL TIVADAR
Ruled By: MATHONSI J

This judgment is a two-in-one.It disposes of the application in HC9909/18, an application in which Harare Sports Club (the applicant) seeks a registration of an arbitral award issued by an arbitrator and HC10011/18, one in which Zimbabwe Cricket (the respondent) seeks the setting aside of the same arbitral award on ...
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HH471-17 : HARARE SPORTS CLUB vs ZIMBABWE CRICKET and COMMERCIAL ARBITRATION CENTRE
Ruled By: MANGOTA J

The applicant and the first respondent entered into a lessor-lessee relationship respectively. They, on 16 July 1999, signed a notarial agreement of lease [“the lease”].The applicant let, and the first respondent hired, a certain portion of the property known as Harare Sports Club [“the property”]. This is situated in the ...
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