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Pleadings re: Claims, Counter-Claim, Claim in Reconvention and Counter Application iro Approach

HH29-08 : STEWART MUNGOFA vs WILLIAM SANDE and DRUSILLA MUNGOFA
Ruled By: CHATUKUTA J

The second respondent instituted proceedings for divorce and ancillary relief in case No. HC1195/04 against the applicant.The applicant filed a counter-claim in which he cited the first respondent as the second defendant in that matter. He claimed, from the first respondent, adultery damages alleging that the first respondent was the ...
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HH205-10 : AFRICA CONSOLIDATED RESOURCES (PVT) LIMITED AND FOUR OTHERS vs MINISTER OF MINES AND MINING DEVELOPMENT AND TWO OTHERS
Ruled By: HUNGWE J

The applicant counter-applies for an order declaring illegal all mining carried out by anyone else other than the applicant upon the area covered by the Special Grants and a further order declaring as expired the said Special Grants….,.. In light of the above I see no need to express myself in respect of the counter-application. Should a result ...
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HH103-09 : U-TOW TRAILERS (PRIVATE) LTD vs CITY OF HARARE and SUPERLUX (PRIVATE) LIMITED
Ruled By: MAKARAU JP

The brief background facts to this matter are largely common cause. I set them out as follows:In 1994, the applicant entered into a lease agreement with the first respondent in respect of certain premises situate at Number 9 Market Street, Eastlea, Harare (“the premises”).The lease agreement was constantly renewed over ...
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Appealed
HH86-10 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: MUSAKWA J

The plaintiff issued summons claiming a decree of divorce, rights of access to the minor child, a division of matrimonial assets and costs of suit. The defendant also filed a counter-claim seeking similar relief.
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HH116-10 : DEBORAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: MAVANGIRA J

I shall deal firstly with the issues raised by way of Stated Case; the first being whether the plaintiff should be interdicted from living in the matrimonial home with a boyfriend, now or in the future. In his written submissions on this issue, the plaintiff's counsel correctly states that, strictly-speaking, this demand, coming as it does ...
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HH121-10 : POWER COACH EXPRESS (PVT) LIMITED vs MARTIN MILLERS AND ENGINEERS
Ruled By: BERE J

At this juncture, I propose to deal with the issues raised by the defendant against the granting of damages in seriatim. FAILURE BY THE PLAINTIFF TO PLEAD THE AMOUNT OF CLAIM IN ITS DECLARATION It was the defendant's position, through its counsel, that the plaintiff not having pleaded, in its declaration, the specific amount of damages, could ...
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

The plaintiff issued summons claiming damages arising from a motor vehicle accident which occurred on 18 May 2007. The plaintiff's claim is founded on allegations that the accident was solely due to the negligence of the first defendant in that:(a) He attempted to overtake another vehicle in the face of ...
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HH177-10 : PETER MUTENDA vs MEDIA MUTENDA
Ruled By: MUSAKWA J

Although the defendant is the one who initiated the divorce proceedings, she subsequently withdrew her claim. The plaintiff, who had filed a counter-claim, persisted with his suit. It is, therefore, convenient to refer to the original defendant as the plaintiff and the original plaintiff as the defendant.
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HH204-10 : BENSON SAMUDZIMU vs DAIRIBORD HOLDINGS LTD
Ruled By: CHIWESHE JP

The respondent has incorporated, by reference, papers it filed under case number HC5560/10, a separate application, and has argued that the present application and that filed under case HC5560/10 be heard together. I agree with the applicant that the correct procedure would have been for the respondent to file a counter chamber application in terms of ...
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HH261-10 : ZENUS BANDA vs EUNICE TAYLOR, (substituted by) PAMELA LYNETTE YOUNG (EXECUTRIX of her Estate) and GABRIEL REAL ESTATES and REGISTRAR OF DEEDS and MRS V MATEKO
Ruled By: UCHENA J

The merits of plaintiff's defence to fourth defendant's claim in reconvention The plaintiff then led evidence to the effect that he offered rentals for February 2007 which Miss Varaidzo Mateko's agents refused to accept. He, thereafter, did not tender rentals for the following months to date. He admitted that in his plea he disputed ...
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HH226-10 : PEPUKAI MUSARIRI vs MUSIWA MUTAVAYI and BLESSING KUPARA and NORTON TOWN COUNCIL and REGISTRAR OF DEEDS
Ruled By: MUSAKWA J

On the other hand, the counter-claim by the second defendant is flawed in two respects. Whilst the defendant's plea was filed on the 19th June 2007, the counter-claim was only filed on 11th September 2009. The plaintiff's plea to the counter-claim was that it was not filed in accordance with the Rules as it was filed ...
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HB84-10 : EDWARD MANGENA and MALAKI MPOFU vs NINO FILANINO and DISTRICT ADMINISTRATOR, UMZINGWANE RURAL DISTRICT COUNCIL [sic] and OTHERS
Ruled By: NDOU J

In their heads of argument, the first and seventh respondents also seek eviction of the applicants. They, however, did not see it necessary to file a counter-application. The question is whether I can grant a counter-claim where there is no such counter application. It is trite law that counter-applications are subject to the general principles applicable to applicants ...
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Appealed
HH27-11 : CALLISTO MUZONGONDI vs DORICA MUZONGONDI (nee OFFICE)
Ruled By: CHITAKUNYE J

In the year 1995, the plaintiff married the defendant in terms of customary law. They had apparently commenced living together prior to the formalization of the union in terms of customary law. On 31 March 2000 their marriage was solemnized in terms of the Marriages Act Chapter 5:11]. The marriage ...
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Appealed
HH122-11 : DAVID KATERERE vs COSMA CHIANGWA and ROBERT CAMPBELL-LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: MAVANGIRA J

In 1999, the applicant herein entered into an agreement of sale in terms of which he purchased an immovable property from the estate of the late Johanna Maria Fransisca Logan as represented by the executrix testamentary of the estate.The immovable property, described as Stand 382 Good Hope Township of Subdivision ...
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HH277-14 : THE PINNACLE PROPERTY HOLDINGS (PVT) LTD vs MUNICIPALITY OF REDCLIFF
Ruled By: DUBE J

The respondent has refused to reimburse half the purchase price paid and costs incurred in surveying the land. That is the subject of the alternative claim. The respondent initially claimed that it was entitled to set off the amount owed to the applicant against what the applicant owes in outstanding rates. The respondent's counsel conceded ...
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SC40-15 : INDIUM INVESTMENTS (PVT) LTD vs KINGSHAVEN (PVT) LTD and DANIEL SHUMBA and LINDA SHUMBA
Ruled By: CHIDYAUSIKU CJ, GWAUNZA JA, GOWORA JA, HLATSHWAYO JA and MAVANGIRA AJA

On 28 February 2008, under case no. HC1239/08, the appellant caused summons to be issued against the respondents seeking an order for the cancellation of a lease, and, consequent thereto, the eviction of the respondents from the leased premises.On 10 December 2008, a second summons was issued by the appellant ...
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HH128-14 : EARTHMOVING & CONSTRUCTION COMPANY PL vs ASSWELL GURUPIRA and JEAN GURUPIRA and SANDRA MUIR REGISTRAR OF DEEDS and THE DEPUTY SHERIFF
Ruled By: MAFUSIRE J

A company is a person. It is a juristic person, or, in legal parlance, a legal persona, but all the same a person. It has an identity separate from that of its members. It can own property independently of, and separately from, its members. Thus, a company's assets are not the members' assets. These cardinal principles seem ...