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Costs re: No Order as to Costs or No Costs Order iro Non-Active Parties, Parties Not Opposed or No Relief Sought Against

HH39-09 : WARREN PARK TRUST vs ANTHONY PAHWARINGIRA and NTOMBIZODWA PAHWARINGIRA and DAVY MUTINGWENDE and CHIPO MUTINGWENDE and SALTANA ENTERPRISES PL
Ruled By: BHUNU J

As the first and third respondents' spouses did not appear to oppose the application they shall not be required to meet the costs of opposing the application.
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HH281-16 : JOHANNES TOMANA vs JUDICIAL SERVICE COMMISSION and THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MAKONI J

Since the respondents were not opposed to the order being sought by the applicant, I will not make an order for costs.
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HH29-09 : FIDELIS CHIRAMBA and OTHERS vs MINISTER OF HOME AFFAIRS N.O. and COMMISSIONER GENERAL OF POLICE and OFFICER COMMANDING CID HOMICIDE, Chief Supt MAKEDENGE and DETECTIVE CONSTABLE MUUYA
Ruled By: HUNGWE J

Because at the end of the hearing there was no opposition to the order sought I am of the view that costs on a higher scale should be reserved for those cases where there is malicious opposition.
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HHB345-16 : NQOBILE KHUMALO vs THE PRESIDING MAGISTRATE N.O. (MR MZINGAYE MOYO) and THE PROSECUTOR GENERAL N.O.
Ruled By: MATHONSI J

This is a matter in which I would have considered awarding costs against Norman Mugiya de bonis propriis if the respondents had appeared.However, although I had directed the applicant to serve the notice of set down upon the respondents owing to the exigency of the application, which was filed a ...
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SC22-21 : STONEWELL SEARCHES (PVT) LTD vs STONE HOLDINGS (PVT) LTD and MUTOKO CONSORTIUM and MOSES CHINHENGO N.O.
Ruled By: GUVAVA JA, UCHENA JA and MAKONI JA

Although this would have been a proper case to award costs against the appellant, this Court will not make such an order for the reason that the respondents, being in default, did not motivate a claim for costs.
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HH842-19 : BARIADIE INVESTMENTS (PVT) LTD vs PUWAYI CHIUTSI and TENDAI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O. and ELLIOT ROGERS
Ruled By: CHITAPI J

I need to lastly deal with the question of costs....,.The third and fourth respondents did not file any papers and did not participate in the hearing....,.
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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

COSTSThe second respondent sought costs on the legal practitioner and client scale while the first respondent prayed for ordinary costs.Costs are always in the discretion of the court....,.It does not appear proper to me to award the first respondent, who really had no right of audience before this court, any ...
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Appealed
SC75-17 : EDWARD MADYAVANHU vs REGGIE SARUCHERA and GRANT THORNTON CAMELSA CHARTERED ACCOUNTANTS (ZIMBABWE) and CAIRNS FOODS LTD
Ruled By: GWAUNZA JA, GUVAVA JA and ZIYAMBI AJA

On 21 July 2016, the High Court dismissed the appellant's chamber application for the reinstatement of his claim on the third respondent's creditors list. Aggrieved, the appellant filed this appeal, which we dismissed with costs on 6 July 2017.The appellant wrote to the Registrar requesting the reasons for the order. ...
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HH62-14 : JOHANNES MAKONYE vs KENAE RAMODIMOOSI and ENTREDEV PROPERTY GROUP and C.H. LUKAS
Ruled By: CHIGUMBA J

This is an application in terms of section 34 of the Model Law as set out in the Second Schedule to the Arbitration Act [Chapter 7:15] for the setting aside of an arbitral award dated 23 February 2012, granted by the third respondent.The second respondent was the applicant's estate agent....,.The ...
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