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Locus Standi re: Approach and the Legal Capacity to Institute or Defend Legal Proceedings

HH25-08 : ZIMBABWE DEVELOPMENT BANK and INTERNATIONAL FINANCE CORPORATION vs DAVID SCOTT and OTHERS
Ruled By: GOWORA J

The applicants have jointly approached this court for an order in the following terms:“That the confirmation of the liquidation and distribution account by the third respondent, in respect of Shagelok Chemicals (Private) Limited (in liquidation), be and is hereby set aside.That the third respondent be and is hereby directed to ...
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Appealed
SC27-08 : JOSHUA KADENGU and LAMECK KADENGU and ROSA KADENGU vs OLGA KADENGU and RICHARD CHIMBARI and MASTER OF THE HIGH COURT
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

The late Job Bruno Kadengu died testate on 25 March 1990. His Will contained the following clauses:“2. The expression 'Executors' or 'Executor' wherever used in this Will mean either Executors or Administrators or Trustees or any two or all of these offices as may be appropriate in the circumstances and ...
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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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HH30-08 : BINDURA NICKEL CORPORATION LTD vs THE ZIMBABWE REVENUE AUTHORITY
Ruled By: CHATUKUTA J

The respondent raised a point in limine that the applicant did not have the locus standi to institute these proceedings. It was submitted, for the respondent, that the additional corporate and withholding tax was due, not from the applicant, but from Trojan Nickel Mine and Bindura Smelting Corporation. Although the two companies were the applicant's subsidiaries, they were separate ...
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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

The applicant is a Trust duly registered in terms of the laws of this country whereas the fifth respondent is a limited liability company registered in terms of the laws of this country. The first to fourth respondents are sole shareholders and directors in the fifth respondent, Saltana Enterprises (Pvt) ...
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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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HH56-12 : ELIAS KASEKE and WAFAWANAKA KUCHERA and SIBUSISO NCUBE vs MASTER OF THE HIGH COURT and MAVIS CHIZENGENI (as Executrix Dative of Estate Late Jessie Zengeya)
Ruled By: MAWADZE J

This is a chamber application in which the first applicant seeks an order in the following terms:“IT IS ORDERED THAT:1. Case Number HC5867/10 be and is hereby dismissed for want of prosecution; and2. The plaintiff be and is hereby ordered to pay costs of suit.”There is need to set out ...
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HH16-09 : RICHARD ETHEREDGE vs THE MINISTER OF STATE FOR NATIONAL SECURITY RESPONSIBLE FOR LANDS, LAND REFORM AND RESETTLEMENT and SENATOR EDNA MADZONGWE
Ruled By: GOWORA J

Before delving into the merits of the dispute, I should deal with the points in limine raised by the respondent.The first point raised was that the applicant had no locus standi in judicio to bring the application.It was argued on behalf of the respondent that as the relief being sought by the applicant includes an interdict, ...
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HH06-08 : DIOCESE OF HARARE vs CHURCH OF THE PROVINCE OF CENTRAL AFRICA AND RETIRED BISHOP SEBASTIAN BAKARE
Ruled By: HUNGWE J

The applicant's argument is that..., in an application for spoliation, the issue is whether there has been or has not been unlawful dispossession. The court, therefore, ought not to consider the issue of locus standi. I disagree. The question of locus standi is central to the determination of the availability of the remedy to the parties before ...
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HH03-12 : NYASHA EUNICE CHIKWINYA AND TWO OTHERS vs JUSTINE ZVANDSARA AND FOUR OTHERS
Ruled By: BHUNU J

It is common cause that the first respondent and his compatriots invaded and unlawfully occupied the land lawfully allocated to the first applicant. The Ministry, being the owner of the land in dispute..., had this to say: "..., I don't know who authorised their occupation of the land. We allocate land when someone had applied for ...
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HH34-09 : JOHN CAMERON ASHER vs MINISTER OF STATE RESPONSIBLE FOR NATIONALL SECURITY, LANDS, LAND REFORM AND RESETTLEMENT IN THE PRESIDENT'S OFFICE AND T. NYIKADZINO
Ruled By: CHATUKUTA J

The second respondent raises two issues in limine, that by operation of law, the applicant does does not have the locus standi to seek spoliatory relief and the court does not have jurisdiction to grant the relief sought...The second respondent contends that the applicant is occupying the farm in contravention of section 3(1) of ...
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HH21-09 : MASHONALAND TURF CLUB vs MICHELLE NYAMANGUNDA
Ruled By: MTSHIYA J

This is an action for the eviction of the defendant and all those claiming occupation through her from the plaintiff's premises situate at the Borrowdale Park Race Course, Harare.It is common cause that on 23 April 2007 the plaintiff entered into a lease agreement with a company called Lunar Graphics ...
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HH49-09 : DYNAMOS FOOTBALL CLUB (PRIVATE) LIMITED and DYNAMOS FOOTBALL CLUB vs RICHARD CHIMINYA and OTHERS
Ruled By: CHATUKUTA J

This is an opposed application in which the applicant sought the following relief, that:“1. The affairs of the Second Applicant shall be run by the Board of Directors of the First Applicant.2. The Ninth Respondent (the Premier Soccer League) shall forthwith recognize any person appointed by the First Applicant and ...
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HH44-10 : JOHN STRONG (PVT) LTD and TOBS STRONG (PVT) LTD vs WILLIAM WACHENUKA
Ruled By: CHATUKUTA J

This is an application for contempt of court.The background to this application is that the applicants were the owners of Disi Farm (the farm). The farm has since been acquired by the State. The respondent was issued with an offer letter for subdivision 7 (Plot 7) of the farm by ...
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HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

The first applicant, the Movement for Democratic Change, is a political party, commonly known as the (“MDC”). It will be referred to as the first applicant. The second applicant, Mr Morgan Tsvangirai, is its President. He was the first applicant's Presidential candidate in the just ended harmonized elections held on ...
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HH91-09 : SANANGURAI GWARADA vs KEVIN JOHNSON and MR WILLIAMSON and BERNARD CHOTO
Ruled By: GOWORA J

In my view, locus standi is predicated on the existence of a right - whether clear or prima facie.Generally, a right either exists or does not.There are situations where one can have a right in respect of certain relief, for instance in spoliation proceedings, but, no right for obtaining other ...
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HH131-09 : MAIROS LISIMBA vs LIZZY CHIPENDO
Ruled By: CHITAKUNYE J

On 16 March 2007, and at Harare, the applicant entered into a sale agreement with Gatsikanayi Enock Nyamupanda (herein after referred to as Nyamupanda) for the purchase of a certain piece of land being Stand Number 9642 A Salisbury Township also known as Number 2 Umuguza Close, Wilmington Park, Cranborne, Harare, held under Deed of Transfer ...
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HH155-09 : VAIDA SIBIU vs BLANTINA BAMU and ELLISON MUKANDI and CHARITY MUKANDI and MARGARET BAMU and THE REGISTRAR OF DEEDS
Ruled By: MAKONI J

The issue of locus standi was addressed at length by counsel for the applicant in his Heads of Argument. That only arises where the party is affected by the order granted. In this case, it is my finding that the applicant was not, and could not, be affected by the order granted in the application for substituted ...
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HB27-09 : ZIMBABWE NATIONAL STUDENTS UNION and NUST STUDENTS' REPRESENTATIVE COUNCIL vs NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and MINISTER OF HIGHER EDUCATION
Ruled By: NDOU J

When the locus standi is raised, it is trite that the applicant must justify its participation in the proceedings by showing that it has a direct and substantial interest in the subject matter, and outcome, of the application – United Watch Diamond Co. (Pty) Ltd and Ors v Disa Hotels Ltd ...
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HB89-09 : DUMISANI NCUBE vs THE ZIMBABWE REVENUE AUTHORITY (ZIMRA)
Ruled By: NDOU J

The respondent raised two points in limine. I propose to deal with them in turn. The first point in limine is whether the applicant was properly authorized to represent Duze Enterprises (Pvt) Limited, the owner of the fuel. The problem the respondent faces is that it has always dealt with the applicant as Duze Enterprises (Pvt) Limited's ...
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HH27-10 : ROUTE TOUTE BV and PENINSULAR PLANTATIONS (PVT) LTD and MATANUSKA (PVT) LTD and BRIGHTSIDE FARM (PVT) LTD vs SUSNSPUN BANANAS (PVT) LTD and AMBASSADOR-MAJOR GENERAL CHIMONYO
Ruled By: CHATUKUTA J

The third and last issue in limine raised by counsel for the second respondent was that the applicant did not have the locus standi to bring the application as the farm had been acquired by the State. Counsel for the second respondent submitted that the farm was Gazetted and therefore now vested in the State. The ...
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View Appeal
HH28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O. CLERK OF PARLIAMENT OF ZIMBABWE and LOVEMORE MOYO
Ruled By: PATEL J

The applicants in this matter are all duly elected Members of Parliament. The first respondent is the Clerk of Parliament, cited herein in his official capacity. The second respondent was elected to the position of Speaker of the House of Assembly on the 25th of August 2008.The applicants challenge the ...
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HH67-10 : JAMES MUTETWA vs BARRIE DIXON and MARKO MAVHURUNE N.O. (as Executor Estate Late Samuel Mushaninga) and KENIAS MUTYASIRA N.O. (as Executor Estate Late Salome Chisvo) and REGISTRAR OF DEEDS
Ruled By: MAKARAU JP

Locus relates to the standing of the party before the court. It does not relate to the weight that should attach to the evidence of a party that was not close to the transaction and who has no personal knowledge of such. The issue of locus standi does not arise in this matter as the second and third ...
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HH112-10 : CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LIMITED vs CONSTRUCTION RESOURCES AFRICA (PVT) LIMITED
Ruled By: GOWORA J

When the matter was called up for trial counsel for the defendant indicated to the court that the defendant had a preliminary issue to be dealt with before the trial could proceed. The submission by counsel for the defendant was that the court should find that it was improper for counsel for the plaintiff ...
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HH118-10 : JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED vs WILLIAM WACHENUKA and MINISISTRY OF LANDS, AGRICULTURE AND RESETTLEMENT
Ruled By: GOWORA J

The second respondent further contends that as the applicants are not the holders of an offer letter ..., they are therefore in illegal possession of the barns and storerooms on Plot 7 which has been allocated to the first respondent. The contention is therefore that the applicants do not have locus standi to institute and ...
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HH121-10 : POWER COACH EXPRESS (PVT) LIMITED vs MARTIN MILLERS AND ENGINEERS
Ruled By: BERE J

In any event, the defendant was not mandated to speak or litigate on behalf of Total Zimbabwe.
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HH122-10 : GIBSON CHAMBOKO and MR CHAMBOKO SNR and CHANGE TOMAS KWODZI vs PATRIC JOHN STOOKS and P J STOOKS (PRIVATE) LIMITED
Ruled By: MAKONI J

The applicants submitted that they have a bona fide defence on the merits on the basis that the respondents have no locus standi to seek their eviction. As the land now belongs to the State, the respondents are “unlawful occupiers” and “illegal occupiers.” It was further submitted that the applicants moved on the farm with ...
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HH163-10 : BISSY BEE (PVT) LTD vs GRAIN MARKETING BOARD and BRUKMARK MICROFINANCE (PVT) LTD and DEPUTY SHERIFF-CHITUNGWIZA
Ruled By: MUSAKWA J

Although Irene Kandawasvika purports to represent the applicant, one wonders why the proceedings were instituted in the applicant's name if some of the assets belong to her. Under such circumstances, if the goods belong to Irene Kandawasvika then she should have instituted the proceedings in her name. Counsel for the first respondent also contended that if ...
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HH165-10 : DAVID CHAPFIKA vs TAKADANA MAKINA and HEDON CHATAMBALALA and DEPUTY POLICE COMMISSIONER GENERAL MATANGA and ASSISTANT POLICE COMMISSIONER PFUMVUTI and THE MINISTER OF LANDS
Ruled By: BHUNU J

The applicant has submitted that both respondents have no intention to set down the matter because they know that they have no locus standi, and that their occupation of both pieces of land is unlawful. The applicants have pointed to section 3(1) of the Gazetted Land (Consequential Provisions) Act which prohibits the occupation or use ...
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HH170-10 : ASSESTFIN (PVT) LIMITED vs ANTONY PAREWA and PAUL CHIDAWANYIKA and TAKTA INVESTMENTS (PVT) LIMITED and CHIGWANDA AND ASSOCIATES LEGAL PRACTITIONERS and REGISTRAR OF DEEEDS
Ruled By: MAVANGIRA J

The first and second respondents' challenge of the locus standi of the deponent to the founding affidavit to depose to the affidavit on behalf of the applicant company is, in my view, a preliminary issue that needs to be determined at the outset. The first and second respondents have attached documentary proof that they ...
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HH197-10 : ABDULLAH ISMAIL KASSIM (in his capacity as Executor Dative of the Estate of Ralph Simon Lapin) vs MATTHEWS MUKWAWAYA
Ruled By: PATEL J

Plaintiff's Locus Standi It is common cause that the distribution account in respect of the Ralph Simon Lapin estate was submitted to, and approved by, the Master of the High Court in July 2009. However, the evidence for the plaintiff was that the property in dispute could not be transferred because the intended Trust, in favour ...
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HH212-10 : MAXWELL MUTOKO vs CHARITY MUKURO (In her capacity of executor in the estate late Jayison Mukuro) and THE MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

In her opposition the first respondent raised two points in limine. The first pertained to applicant's locus standi to bring such an application on behalf of his mother. Locus standi Locus standi may be defined as the right to be heard in court or other proceedings. It is a right dependent on the interest one has. If ...
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HH220-10 : BACHI FARM (PVT) LTD and COBBLESTONE INVESTMENTS and TRIBACK (PRIVATE) LIMITED vs OLIVER DZVENE and HOWARD MATARE and OTHERS
Ruled By: CHIWESHE JP

Secondly, counsel for the first to seventh respondents contended that the applicants had no locus standi to bring this application. He argued that the interim relief sought is both an eviction and an interdict. To grant that kind of interim relief the court must be certain that the applicant has a right. Any rights that the ...
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HH223-10 : LOVEMORE GOREDEMA (In his capacity as the Executor of the Estate Late Robert Tendayi Magwenzi) vs PATRICIA MAGWENZI and CHARITY MAGWENZI and LUCKSON MAGWENZI and MASTER OF HIGH COURT
Ruled By: GUVAVA J

The respondents raised two points in limine. They submitted, firstly, that Lovemore Magwenzi had no locus standi to institute the proceedings as he is not the executor of the estate. The respondents counsel submitted that the point of locus standi should be upheld as it has merit. He submitted that Lovemore Magwenzi could not lawfully stand in the ...
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HH230-10 : KWIK-PAK (PRIVATE) LIMITED vs EDWARD MASHIRINGWANI and SHEPHERD MAKONI
Ruled By: KUDYA J

The second was that the applicant did not have the locus standi to bring the present application. The contention by counsel for the first respondent that the applicant lacked the necessary locus standi to launch these proceedings was rooted in ownership rights. In Chisveto v Minister of Local Government and Town Planning 1984 (1) ZLR 248 ...
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HH250-10 : PITEN PETROLEUM DISTRIBUTORS (PRIVATE) LIMITED vs RIVERFLOW ENERGY (PRIVATE) LIMITED and MAXWELL CHISEWE and THE DEPUTY SHERIFF
Ruled By: GOWORA J

Counsel for the second respondent has put in issue the authority of Patrick Tembo to institute these proceedings on behalf of the applicant. In his affidavit, the second respondent avers that the deponent seeks to derive authority to act on behalf of the applicant premised on a resolution of the Board dated 12 October 2010. The ...
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HH270-10 : SASFUEL AND CHEM (ZIMBABWE) PRIVATE LIMITED vs MARYNA SYMES N.O. and ENVA MOTALA N.O. and THLABO MAENETYA N.O. and THE MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI J

Regarding 517-766N and 771-2439, the applicant produced registration books which indicate that the motor vehicles belong to the third parties. Attempts were made to suggest that the applicant purchased the trucks from the third parties. The submissions where not persisted with when it was noted that the documents produced in evidence did not relate to ...
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HB15-10 : TIMOTHY SIJIYE vs MFANUKHONA PHIRI and DAVID MPOFU and TAKATSO MPOFU
Ruled By: KAMOCHA J

The Supreme Court, in Matambanadzo v Goven 2004 (1) ZLR 399 (S), went on to spell out the requirement for a party to establish whether or not he/she has the requisite locus standi in judicio to seek the rescission of a judgment or order granted in his or her absence. SANDURA JA had this to ...
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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

There is also the additional factor that although the counter-claim was instituted in the first defendant's name, she did not actually appear before this court. The only person who purported to testify on her behalf was her mother. However, the mother did not file any power of attorney authorizing her to represent the defendant.
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HB25-10 : MAXWELL HEDIOUS MOYO vs MARGRET MOYO and MADA MOYO
Ruled By: NDOU J

The first point is whether the applicant had locus standi to institute this application? It is common cause, or at least beyond material dispute, that the respondents had a lease agreement with one Ngonidzashe Ndlovu. It is the latter who entered into a lease agreement with the owners of the property in question i.e. the two respondents. ...
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HB62-10 : CORNIEL DUBE vs GEORGE GRAHAM and OFFICER-IN-CHARGE, MBEMBESI POLICE STATION and DEPUTY SHERIFF FOR BULAWAYO
Ruled By: NDOU J

In any event, Mr. Siziba's status in this matter is not clear. He claims to be a Chairperson of the “anti-corruption unit of war veterans audit unit in Matabeleland South.” The land in dispute is in another province i.e. Matabeleland North with its own similar structures. If there was merit in these allegations of ...
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HB64-10 : (1) SHARON KENNY and ESTATE LATE TERENCE KENNY and (2) KNIGHT NCUBE vs (1) KNIGHT NCUBE and (2) SHARON KENNY and ESTATE LATE TERENCE KENNY
Ruled By: NDOU J

In any event, as a beneficiary, the first applicant has a right to institute the application.
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HB65-10 : (1) CEDOR PARK FARM (PVT) LTD and (2) DAVID STEWART CRAWFORD vs THE MINISTER OF STATE FOR NATIONAL SECURITY, LAND, LAND REFORM AND RESETTLEMENT IN THE PRESIDENT'S OFFICE and OTHERS
Ruled By: KAMOCHA J

The law is now settled that once a farm has been acquired then the rights over it vest in the State. That being the case, the former owner and title holder has no locus standi to approach the court for an interdict because he or she cannot establish a clear right. The lack of locus ...
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HB110-10 : HIGHLANDERS FC vs DYNAMOS FC and PREMIER SOCCER LEAGUE and BANC ABC (PRVIATE) LIMITED and CUTHBERT CHITIMA and DON MOYO, Chairman, Ad Hoc Arbitrators Committee and KENNEDY NDEBELE, PSL, C.E.O
Ruled By: NDOU J

Locus Standi: The 6th deponent The applicant did not file a written proof that he had authority to institute proceedings on behalf of Highlanders. Highlanders, in answer, states that he has authority but this was reflected in the minutes. He, however, stated that Highlanders minutes are confidential. I am satisfied that the deponent has authority to ...
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HB139-10 : RODGER SIBANDA vs LOVESON GUMBO and THE MESSENGER OF COURT, BULAWAYO
Ruled By: MATHONSI J

The first respondent is not the registered owner of the rented premises. He was not a party to the lease agreement concluded between his wife and the applicant. The claim that he filed was based on a lease agreement he was not privy to. In my view, he did not have locus standi in ...
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HH19-11 : JAMESON RUSHWAYA and ANNIE RUSHWAYA vs PATTERSON TIMBA and SWIMMING POOL & UNDER WATER REPAIRS PL and TOLROSE INVESTMENTS PL and MESSENGER OF COURT, KADOMA
Ruled By: MAVANGIRA J

This is an urgent chamber application in which the applicants seek a Provisional Order in the following terms:“TERMS OF FINAL ORDER SOUGHTThat you show cause to this Honourable Court why a final order should not be made in the following terms:-1. That first, second, and fourth respondents and/or their agents ...
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HH33-11 : ALAN McGREGOR vs NEHEMIAH SABURI and ATTORNEY GENERAL and OTHERS
Ruled By: CHIWESHE JP

The offer letter confers upon its holder the “locus standi” to approach the courts for appropriate relief, contrary to the applicant's assertions.
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HH54-13 : OX MINING (PRIVATE) LIMITED and GOLD RECOVERY GROUP (PRIVATE) LIMITED vs OX DRILLING LLC and SIDNEY STEYN and DIRK BENADE and THE COMMISSIONER-GENERAL
Ruled By: MAKONI J

In response to the points in limine, counsel for the applicants raised a point whether the first and second respondents were properly before me. My view is that it is important to deal with this point first as its disposal affects the points raised in limine by the respondents. Counsel for the applicants submitted that the third respondent ...
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HH77-13 : ZIMBABWE TOBACCO ASSOCIATION vs THE RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

I must point out that the issue of authority to represent the would-be plaintiffs listed in Annexure 'A' of the applicant's founding affidavit was addressed by the applicant when, in its answering affidavit filed on 12 April 2011, it furnished powers of attorney signed by the would-be plaintiffs prior to 7 March 2011 when this ...
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HH92-11 : MHANYAMI FISHING AND TRANSPORT CO-OPERATIVE SOCIETY LIMITED and OTHERS vs THE DIRECTOR GENERAL PARKS AND WILDLIFE MANAGEMENT AUTHORITY N.O. and PARKS AND WILDLIFE MANAGEMENT AUTHORITY
Ruled By: MAKONI J

POINT 3 - AUTHORITY TO DEPOSE TO THE FOUNDING AFFIDAVITS The first and second applicants are co-operatives. The third applicant is a registered company in terms of the laws of Zimbabwe. It was submitted by counsel for the first and second respondents that the deponents of the founding affidavits did not have authority to depose to ...
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