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Cause of Action and Draft Orders re: Abuse of Process, Frivolous and Vexatious Proceedings & Summary Dismissal

HH390-18 : MIDLANDS STATE UNIVERSITY vs ALOIS MATONGO
Ruled By: MUZOFA J

A reading of case law shows that there can be no one size fits all definition of abuse of court process. In jurisdictions where abuse of process is recognized as a remedy, the courts have looked more to the purpose for which the process is used. It is the improper ...
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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

The court will re-iterate my brother MATHONSI J's warning, that, a litigant or litigants cannot be allowed to enjoy filing frivolous applications at the same time abusing the court and other litigators....,.These courts are not meant for past-time games but for the genuine resolution of genuine disputes by genuine litigants.
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HH422-14 : CLEOPAS ZVIDZA and MAVIS ZVIDZA vs ELVIS MUDOTI
Ruled By: MATHONSI J

An abuse of court process is the use of the process of the court for purposes for which it is not meant.It is unfortunate in the extreme and should be suppressed by all means possible as resort to it by litigants has always tended to bring the administration of justice ...
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SC115-21 : ANDREW CHIGOVERA vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY (ZETDC)
Ruled By: GUVAVA JA, MAVANGIRA JA and KUDYA AJA

This is an appeal against the whole judgment of the High Court Harare, dated 25 July 2019. The court a quo dismissed with costs the application for a declaratory order that had been filed by the appellant.THE FACTSThe appellant is the owner of an immovable property situated in Mabelreign, Harare. ...
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HB28-15 : SIMELENI DUBE vs CHRISTOPHER DUBE
Ruled By: MAKONESE J

This application has been brought to court in terms of the provisions of Order 11 Rule 75(1) of the High Court Rules 1971 for the dismissal of claims filed by the respondent in an action under case number HC568/13.The applicant contends, that, the respondent's claims are frivolous and vexatious.The application ...
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Appealed
CC07-21 : MARX MUPUNGU vs MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GWAUNZA ACJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHAWAYO JCC, PATEL JCC and GUVAVA AJCC

MAKARAU JCC:This is an application in terms of section 175(3) of the Constitution of Zimbabwe, for the setting aside in its entirety, of a High Court declaratory order handed down on 15 May 2021. The order, issued in respect of two distinct and separately filed applications, invalidated certain conduct by ...
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HH636-15 : SALTLAKES HOLDINGS (PVT) LTD and TEMBA MLISWA vs CBZ BANK LIMITED and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: CHIGUMBA J

This is an urgent chamber application for stay of execution pending the determination of an application for rescission of judgment.The certificate of urgency was signed by Mr. Takunda Samuel Gumbo, who stated that the applicants property had been attached by the second respondent, at the instance of the first respondent, ...
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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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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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