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Pleadings re: Cross-Referencing, Record of Proceedings and Off the Record Submissions

SC28-14 : SITWELL GUMBO vs PORTICULLIS (PVT) LTD T/A FINANCIAL CLEARING BUREAU
Ruled By: GWAUNZA JA

In chambers in terms of Rule 5 of the Supreme Court Rules.This is an application filed in terms of Rule 31(2) of the Supreme Court Rules.On 9 of December 2013, and upon reading documents filed of record, I dismissed the application with no order as to costs. No opposing papers ...
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HHH185-18 : GARIKAYI MBERIKWAZVO vs RESIDENT MAGISTRATE (KADOMA) N.O. and THE PROSECUTOR GENERAL N.O.
Ruled By: MUSAKWA J

In this application, the applicant seeks permanent stay of prosecution of charges preferred against him in 2016.The applicant was summoned to court on three counts of violating the Road Traffic Act [Chapter 13:11]. The first such appearance was 7 January 2016. Trial did not commence. According to the applicant, trial ...
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HH442-15 : DAVID WHITEHEAD TEXTILES LTD (represented by KNOWLEDGE HOFISI, in his capacity as Final Judicial Manager) vs JYOTSANAGEN KALA and LISTON CHAKUPA and MASTER OF THE HIGH COURT
Ruled By: MAFUSIRE J

In this application, one Knowledge Hofisi (“Hofisi”) was the final judicial manager of the applicant company, David Whitehead Textiles Limited, which was under final judicial management. The application was for an order that the applicant be joined as the second defendant in an action under the case reference number HC8549/13....,.The ...
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SC54-06 : VIGOUR FUYANA vs NTOMBAZA MOYO
Ruled By: CHIDYAUSIKU CJ

The applicant suggests the matters between the parties had been consolidated. The record shows no order consolidating the cases.Cases do not consolidate on the mere say so of the litigant.
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HH275-10 : NOBLE GAPARE vs KAEN W. MOYO and RESIDENT MAGISTRATE, HARARE CIVIL COURTS and MESSENGER OF COURT
Ruled By: MAKONI J

Counsel for the first respondent's conduct of approaching a magistrate in the absence of the other party is not acceptable. What she did amounts to snatching at a judgment.I will do no better than quote CHEDA J in Kurarega v Kurarega HB97-04 where he had this to say about the ...
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HH59-09 : TRUST CORPORATION SECURITIES (PRIVATE) LIMITED vs L.M. GABILO and DEVORGILLE KATSANZA
Ruled By: UCHENA J

The applicant is a company duly registered in terms of the laws of Zimbabwe. The second respondent is its employee with whom it has had labour disputes leading to this application.The second respondent was suspended from employment pending the resolution of the dispute between her and her employer.The first respondent ...
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HH818-15 : NAOMI MUKUNDU vs LAWRENCE CHIGUMADZI and TAKUNDA GUMBO and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

The applicant is the maternal grandmother of the two minor children, Laura Edna Chigumadzi born on 4 August 1999 and Lawrence Takudzwa Chigumadzi born on 28 September 2000, for whom she sought an order granting her their custody and guardianship.The first respondent is the biological father of the minor children. ...
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HB57-15 : SIPIWO NKOMO vs MLWELIWENKULULEKO NCUBE
Ruled By: MUTEMA J

This is an application for rescission of a default judgment that was granted against the applicant in case number HC548/14.The facts relevant to the resolution of the dispute between the parties are briefly these:The applicant sold a BMW X5 motor vehicle registration number ACX 0734 to the respondent. The respondent ...
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HB58-15 : TRIANIC INVESTMENTS (PVT) LTD and MEYER DRAY vs NQOBILE KHUMALO and FRANCESCA MUFAMBI and OFFICER-IN-CHARGE (FILABUSI) ZIMBABWE REPUBLIC POLICE
Ruled By: MOYO J

This is an urgent application. The interim relief sought is couched in the following manner:“(1) That, execution of case number 2167/14 be and is hereby stayed pending the finalization of the application for rescission of judgment under HC141/15.(2) The respondents be and are hereby interdicted from interfering with the mine ...
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HHH531-17 : STATE vs JOHANNES TOMANA
Ruled By: CHITAPI J

“Much ado about nothing.”; 'Storm in a tea cup.'One cannot find a better phrase to aptly describe the comedy of errors displayed by the National Prosecuting Authority, and, in particular, its Acting Prosecutor General.An important and serious case involving a high ranking Government and Constitutional appointee in the stead of ...
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HH660-16 : IGNATIUS MASAMBA vs MERCY GORONGOZA
Ruled By: CHIGUMBA J

The matter came before me on the unopposed roll on 1 September 2016. I dismissed it on the basis that:(a) There is no cause of action, therefore, the relief sought is incompetent.(b) The papers are defective in that they do not comply with Order 32 of the Rules of this ...
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