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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 ...
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HH05-03 : U-FREIGHT EUROMAR (PRIVATE) LIMITED vs EMMANUEL MUTEBUKA
Ruled By: MAKARAU J

I believe the year 1989 is a good starting point for the story of one John Chidyiwa, the Managing Director of the plaintiff, and the defendant. Then, the two knew each other as work-mates in the Department of Customs and Excise (as it was then known). In or about 1993, the two became quite close friends. ...
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Appealed
SC12-20 : ZIMASCO (PVT) LTD vs CASPER TSVANGIRAI and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS BULAWAYO
Ruled By: GARWE JA, HLATSHWAYO JA and GUVAVA JA

This is an appeal against the whole decision of the High Court sitting in Bulawayo under judgment number HB16-14, dated 30 January 2014, in which the appellants' application for absolution from the instance at the close of the first defendants case was dismissed.BACKGROUND FACTSThe facts which gave rise to this ...
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HB16-14 : CASPER TSVANGIRAI vs ZIMASCO (PVT) LTD and BAOBAB REAL ESTATE and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: MUTEMA J

The genesis of the dispute between the parties resides in an Agreement of Sale entered into in respect of Stand 1004 Redcliff Township owned by the plaintiff which the first defendant purchased on 10 June 2008 via the facilitation of the second defendant.Both the first and second defendants aver that ...
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HH446-18 : EMMACULATA MHORA vs GOVATI MHORA
Ruled By: CHIRAWU-MUGOMBA J

The famed Nigerian author, feminist, and motivational speaker, Chimamanda Ngozie Adichie, in one of her TED talks discussed an interesting topic titled, “The dangers of a single story.” She talked about how she was initially shaped by one narrative on life but she later realized how dangerous such a trajectory ...
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HH18-12 : PIONEER TRANSPORT (PVT) LTD vs DELTA CORPORATION LTD and DAVID LESLIE CRUTTEDEN
Ruled By: GOWORA J

On 1 January 2003, the applicant and the first respondent executed an agreement for the “supply of primary beverage transport services.”In terms of clause 8 of the agreement, the first respondent, Delta, appointed the services of the applicant, Pioneer, to distribute and deliver products on its behalf to various destinations.In ...
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HH40-08 : DHLIWAYO RODGERS vs SHAUN MANDAA KUDINGA
Ruled By: MTSHIYA J

This is an opposed application wherein the applicant seeks the following order:“1. The notice to terminate the lease agreement entered into between the applicant and the respondent on 28 August 2003 in respect of Number 5 Jacaranda Close, Hatfield, Harare be and is hereby declared null and void.2. The applicant ...
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Appealed
SC08-14 : SIMBA MUKAMBIRWA and OTHERS vs THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

The respondent in this case, the Gospel of God Church International 1932 (hereinafter referred to as “the Church”) was founded by one Johane Marange in 1932.Since it was founded, the Church has spread to a large portion of the continent. Its headquarters are located in Zimbabwe. The founder is buried ...
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HH220-11 : THE GOSPEL OF GOD CHURCH INTERNATIONAL 1932 vs SIMBA MUKAMBIRWA and OTHERS
Ruled By: MAVANGIRA J

These two matters were heard at the same time for the purposes of convenience.In the first matter, HC5403/09, the applicant seeks rescission of an order issued by this court on 28 October 2009 in HC4101/09.In the second matter, HC976/10, the applicants seek an order be found to be in contempt ...
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HH68-16 : THE TRUSTEES FOR THE TIME BEING OF THE PHOENIX TRUST N.O. vs GIDEON HWEMENDE and OTHERS
Ruled By: CHIGUMBA J

This is an exception filed on behalf of the plaintiff to the 8th defendant's (Oliver Masomera, in his capacity as executor dative of the estate late Brian James Rhodes) plea and counterclaim.The plaintiff's contention is that the 8th defendant's plea is vague and lacks the averments necessary to sustain a ...
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Appealed
SC14-21 : MAXWELL SIBANDA vs ZAMBE NYIKA GWASIRA and NZ INDUSTRIAL and MINING SUPPLIES and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

On 13 July 2011, under Case No HC6750/11, the appellant caused summons to be issued out of the High Court against NZ Industrial and Mining Supplies as defendant to the suit. In the summons he claimed the following relief:(a) A declaration that the parties did enter into a valid agreement ...
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HH677-14 : MAXWELL SIBANDA vs ZAMBE NYIKA/GWASIRA and REGISTRAR OF DEEDS and EVERJOY MEDA
Ruled By: MATANDA-MOYO J

The applicant obtained default judgment against the first respondent in case No. HC12599/11 on 7 March 2012 in the sum of $4,000, delivery of 1,120m3 of sawn timber, or, alternatively, $392,000 together with interest at the prescribed rate plus costs of suit.The applicant has not executed on the judgment to ...
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SC20-22 : NATIONAL SOCIAL SECURITY AUTHORITY vs HOUSING COOPERATION ZIMBABWE (PVT) LTD and PETER CARNEGIE LLOYD N.O.
Ruled By: MAVANGIRA JA, UCHENA JA and CHATUKUTA JA

After hearing the parties on 13 September 2021, we gave our judgment on the matter extempore. Our written reasons for judgment have now been requested by the respondent's legal practitioners. Hereunder appears the judgment that was handed down ex tempore on 13 September 2021.This is the unanimous decision of this ...
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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

This is an appeal against the decision of the High Court upholding an arbitral award handed down by the third respondent on 10 July 2018 in terms of which the appellant's claim was dismissed for want of prosecution and the first respondent's counter claim was granted.BACKGROUND FACTSPrior to January 2006, ...
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Appealed
SC24-21 : BIG VALLEY MASTERS (PRIVATE) LIMITED vs SHI JINWU
Ruled By: GWAUNZA DCJ, GUVAVA JA and MAVANGIRA JA

INTRODUCTIONThis appeal arises from the judgment of the High Court in which the court a quo ordered the appellant to pay the respondent the sum of US$89,000 with interest at the prescribed rate calculated from 11 December 2012 to the date of full payment.The appellant is a gold mining company. ...
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Appealed
SC97-21 : THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST vs NMB BANK LTD
Ruled By: HLATSHWAYO JA, PATEL JA and MAVANGIRA JA

This is an appeal against the entire judgment delivered by the Honourable Justice Zhou in the High Court of Zimbabwe.The order sought to be impugned reads as follows:“IT IS ORDERED THAT:1. Judgment be and is hereby given in favour of the plaintiff against the first, second, and third defendants jointly ...
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HH466-18 : NMB BANK LTD vs THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST
Ruled By: ZHOU J

The plaintiff, a commercial Bank, claims against the three defendants payment of a sum of money amounting to US$1,105,748=90 together with interest thereon at the rate of 15% per annum calculated from the 9th September 2015 to the date of payment in full; such interest to be calculated monthly and ...
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Appealed
SC110-21 : UPSET INVESTMENTS (PRIVATE) LIMITED vs CHITUNGWIZA MUNICIPALITY
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

This is an appeal against the judgment of the High Court dismissing the appellant's claim for US$119,300 being the balance of the purchase price for a 20-tonne Hyundai Excavator sold and delivered by the appellant to the respondent.In dismissing the appellant's claim, the court a quo upheld the respondent's counterclaim ...
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HH100-17 : UPSET INVESTMENTS (PRIVATE) LIMITED vs CHITUNGWIZA MUNICIPALITY
Ruled By: MUREMBA J

The plaintiff issued summons claiming the following:“(i) Payment of the sum of US$119,300 being the remaining balance of the agreed purchase price for one x 20 Tonne Hyundai Excavator, sold and delivered by the plaintiff to the defendant, at its specific instance and request.(ii) Interest at the prescribed rate calculated ...
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SC130-21 : PHILIPPA COUMBIS vs RONALD COUMBIS and DOVES FUNERAL ASSURANCE (PVT) LTD
Ruled By: GARWE JA, GOWORA JA and UCHENA JA

This is an appeal and cross-appeal against parts of the judgment of the High Court dated 4 September 2014 granting a decree of divorce and ancillary relief for and against the appellant (the plaintiff in the court a quo and the appellant in this appeal) and the cross-appellant (the defendant ...
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SC138-21 : DIVVYLAND INVESTMENTS (PRIVATE) LIMITED vs DAVID CHIWEZA
Ruled By: PATEL JA, GUVAVA JA and BHUNU JA

This is an appeal against the whole judgment of the High Court which was handed down on 10 April 2019. The gripe of the appellant is that the court a quo dismissed its claim and granted an order in favour of the respondent's counter-claim.BACKGROUND FACTSThe facts of the matter which ...
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SC146-21 : THE GARRAT TRUST vs CREATIVE CREDIT (PRIVATE) LIMITED
Ruled By: BHUNU JA

This is an application for condonation of late noting of appeal and extension of time within which to note the appeal in terms of Rule 43 of the Supreme Court Rules 2018.The application is opposed.The matter was argued on 24 November 2020. At the conclusion of argument the parties were ...
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HH11-17 : ANDREW PASCOE vs MINISTRY OF LANDS AND RURAL RESETTLMENT and W. BUNGU and THE ATTORNEY GENERAL N.O.
Ruled By: CHITAPI J

In this application, the applicant seeks the following relief as set out in the provisional order:“TERMS OF FINAL ORDER SOUGHT1. That it be and is hereby declared that second respondent's dispossession of certain land and buildings in respect of applicant's offer letter for a certain piece of land described as ...
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HH109-08 : LLOYD GAMBIZA vs PIKIRAI TAZIVA
Ruled By: GOWORA J

On 1 March 2007, the plaintiff issued summons out of this court for an order as follows:“(a) An order declaring the agreement, Annexure A to the particulars of the claim, dated 18 December 2006, to have been validly cancelled and incapable of performance.(b) An order for the return to the ...
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HMT08-19 : STELLA MASUNGA vs FORWARD KAPIYA
Ruled By: MWAYERA J and MUZENDA J

On 23 July 2018, Mr Forward Kapiya (the respondent) of Stand 254 Headlands Location issued summons at Rusape Magistrate's Court against the appellant, Stella Masunga, where he was seeking eviction of the appellant from a commercial Stand No.193, Headlands known as Kapiya General Dealer.In the summons, he averred that the ...
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HH271-13 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDDA REBECCA MINE vs NYASHA MUTENGWA
Ruled By: MAWADZE J

This is an application for summary judgment wherein the applicant seeks the eviction of the respondent and all those claiming occupation through him from House Number 1131, Chipadze Township, Bindura and costs of suit.The facts of this matter are largely common cause:The respondent was employed by the applicant. With the ...
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HH32-16 : LANDINAH MUFUNANI (nee SHUMBA) vs FARISI MUFUNANI
Ruled By: CHITAKUNYE J

The plaintiff and the defendant were joined in holy matrimony on 25 March 1972 at Harare in terms of the Marriages Act, 1964 (now Chapter 5:11). Their marriage still subsists.The marriage was blessed with five children who are now adults and self sustaining.During the subsistence of the marriage, the parties ...
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