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Proof of Service, Return of Service, Address and Manner of Service re: Approach

SC32-12 : SWIMMING POOL & UNDERWATER REPAIR PL and AEPROMM RESOURCES PL and TOLROSE INVESTMENTS PL and PATTERSON TIMBA vs JAMESON RUSHWAYA and ANNIE RUSHWAYA
Ruled By: CHIDYAUSIKU CJ

In resolving the dispute of fact in favour of the Rushwayas, the learned Judge a quo relied on the well established principle that the Messenger of Court's Return of Service is prima facie proof of the contents therein, and that the prima facie case can only be rebutted by clear and satisfactory evidence. ...
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Appealed
HH211-10 : VIRGINIA CHIKADAYA [in her capacity as The Executrix Dative of Cyril Chikadaya] vs CLADIOS CHENGA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: KUDYA J

That the notice of appeal was served on the City of Harare is apparent from the order of the Supreme Court which indicates that at the hearing of the appeal on 4 June 2001, there was no appearance for the City of Harare.
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SC24-11 : MARY NYAMUTATA vs JOHN CHIKOMO and ARIMANDO BREAD and EPWORTH LOCAL BOARD
Ruled By: MALABA DCJ, ZIYAMBI JA and CHEDA AJA

The appellant sued the first respondent and second respondent for nullification of the contract of sale they entered into leading to the third respondent authorizing cession by the first respondent to the second respondent of title, rights and interest in Stand 2110 Solani, Epworth. The appellant had earlier purchased the property from the first respondent.The ground ...
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HH26-12 : CONTINENTAL FASHIONS (PRIVATE) LIMITED (Under Judicial Management ) vs OLD MUTUAL INVESTMENT CORPORATION (PRIVATE) LIMITED AND TWO OTHERS
Ruled By: BHUNU J

The Deputy Sheriff is an independent officer of the court who has no motive for misrepresenting the facts. His averment to the effect that as of 6 April 2011 he had completed the eviction of Continental Fashions (Private) Limited and handed over the premises to Old Mutual and Ruby Auctions is beyond question., ...
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HH99-12 : SHUNGU ENGINEERING (PVT) LTD vs SIMBARASHE SANGONDIMAMBO & ORS
Ruled By: MATHONSI J

This is an urgent application in which the applicant seeks a provisional order in the following terms:-“(A) 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 the execution of the Arbitral Award in case ...
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HH17-12 : WOOLCHART PROPERTIES (PVT) LTD AND WOOLBULA PROPERTIES (PVT) LTD vs IDEM TRADING (PVT) LTD t/a EUROTEX AND THE DEPUTY SHERIFFF HARARE N.O
Ruled By: HUNGWE J

Order 5 Rule 39(2)(d) provides that where process is to be served on a body corporate, such process may be served by delivery to a responsible person at the body corporate's place of business or registered office; or by delivery to a director or to the secretary or public officer of the body corporate. ...
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HH48-12 : ENOCK GOVHA vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE and ANOR
Ruled By: MATHONSI J

This is an application for rescission of a judgment of this court entered in default in favour of the first respondent on 26 June 2008 in terms of which the eviction of the applicant and those claiming occupation through him from premises known as 1495 Chiwaridzo Township, Bindura was ordered together with costs of suit. On 4 ...
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HH94-09 : MATANDA (PRIVATE) LIMITED vs ONIAS GOTORE
Ruled By: MAKONI J

On 3 October 2007, this court granted a provisional order in favour of the applicant. The litigants were not present but were represented by counsel.On 23 November 2007, the applicant instituted the present proceedings for contempt of court.The applicant avers that the respondent has defied the provisional order. He was ...
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HH128-09 : ROUTE TOUTE BV & OTHERS vs MINISTER OF NATIONAL SECURITY RESPONSIBLE FOR LAND LAND REFORM AND RESETTLEMENT & OTHERS
Ruled By: PATEL J

The 1st applicant in this matter is a business corporation registered in the Netherlands. The other three applicants are commercial farming entities registered in Zimbabwe. The applicants together, directly or indirectly, are the registered owners and leaseholders of Fangudu Farm (the farm). They claim the right to continue to own ...
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HH129-09 : DR KIMANI GECAU AND NGINYA MUNGAYI LENNETYE vs MACDONALD NDEREMANI AND MOLINE NDEREMANI AND DOUGLAS NYAUDE AND GRAHAM & DOUGLAS REAL ESTATE (PVT) LTD
Ruled By: GOWOWRA J

The service of process is provided for in the Rules of this Honourable Court, and in particular Order 5 Rule 39(2) provides: “Subject to this order, process, other than process referred to in subrule (1), may be served upon a person in any of the following ways – (a) By personal delivery to that person, or his ...
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HH129-09 : DR KIMANI GECAU AND NGINYA MUNGAYI LENNETYE vs MACDONALD NDEREMANI AND MOLINE NDEREMANI AND DOUGLAS NYAUDE AND GRAHAM & DOUGLAS REAL ESTATE (PVT) LTD
Ruled By: GOWOWRA J

An initial mistake was made in sending the summons under cover of a letter. Thereafter, summons was served by the Deputy Sheriff, which service may have been mistaken as being proper.
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HH152-09 : PATRONELLA CHARUMBIRA In her capacity as the executrix dative of the estate of the late Adben Benjamin vs HUDSON MUSASA and REGISTRAR OF DEEDS and ASSISTANT MASTER
Ruled By: MUSAKWA J

It is not disputed that notice of set down was served after Andrew Benjamin Woodburn Charumbira had died. Counsel for the first respondent submitted that there was no notification of change of address for service. He further pointed out that the applicant conceded that she was aware of the pending litigation but did nothing. The argument by counsel ...
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HB28-09 : LANGALIBALELE ETHAN DUBE and THENJIWE DUBE vs THEOPHILUS MALI ZONDO and REGISTRAR OF DEEDS
Ruled By: NDOU J

Order 32 Rule 231 provides for the filing and service of the court application.
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HH16-10 : AMBASSADOR CHIMONYO vs ROUTE TOUTE BV and PENINSULAR PLANTATIONS PL and MATANUSKA PL and THE MINISTER OF LANDS AND RURAL RESETTLEMENT and THE MINISTER OF FOREIGN AFFAIRS
Ruled By: MUSAKWA J

In his founding affidavit, the applicant contends that process that gave rise to the second spoliation order was not served on him. Process was served on the second respondent. This is despite the fact that he is currently based in Tanzania in his capacity as Zimbabwean Ambassador to that country. The second respondent had no ...
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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

The first respondent was served with the application through service upon one Violet Tanda at the disputed property. It is not indicated on the certificate of service who Violet Tanda is and in what capacity she accepted service of the court application on behalf of the first respondent as it is common cause that the ...
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HH92-10 : MUDZIMUUNOERA APOSTOLIC CHURCH BOARD OF TRUSTEES vs MUDZIMUUNOERA APOSTOLIC CHURCH –GURUVE DIVISION and THE DEPUTY SHERIFF-MT DARWIN
Ruled By: MAKARAU JP

Further, and in any event, it appears to me that the applicant has approached the court on an incorrect factual basis. It incorrectly, in my view, alleges that it was not served with the court application that yielded the order of 28 April 2010. It is common cause that the second respondent's return of service ...
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HH95-10 : TIISO HOLDINGS (PTY) LIMITED vs ZIMBABWE IRON & STEEL COMPANY LIMITED
Ruled By: PATEL J

The plaintiff in this matter has issued summons for payment of the sum of EUR6,640,295=94 together with interest and costs of suit.The claim arises pursuant to a default judgment of the Regional Court of Frankfurt entered in favour of Kreditanstalt fur Wiederaufbau (KFW) as against the defendant on 25 July ...
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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 issue of service of the court application in HC6215/08 was dealt with by MUSAKWA J in his judgment. He commented as follows under the heading “Service of Application in case number HC6215/08” – “As stated earlier, the Deputy Sheriff's returns of service indicate that the application was served on the respondents' relatives. In respect of ...
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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

Summons that gave rise to the default judgment were served on the second respondent whose address of service was cited as Stand 223 Makoni Shopping Centre, Chitungwiza. However, the Writ of Execution, Notice of Seizure as well as Notice of Removal give the second respondent's address as Stand Number 20924 Unit G Extension Shopping Centre.
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HH133-10 : JAYESH SHAH vs AIR ZIMBABWE CORPORATION
Ruled By: KUDYA J

The summons commencing action was served at the Head Office of Air Zimbabwe (Pvt) Ltd.
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HH244-10 : JARVIS MUDZENGERERE vs ESTATE LATE JACKSON JEKERA (As represented by Japson Jekera ) and CHITUNGWIZA MUNICIPALITY and HEZEKIA MUZOPA
Ruled By: CHITAKUNYE J

The third respondent has complied with Rule 248 Order 32 in that the application has been served on the Master of the High Court.
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HB15-10 : TIMOTHY SIJIYE vs MFANUKHONA PHIRI and DAVID MPOFU and TAKATSO MPOFU
Ruled By: KAMOCHA J

The service that was effected was proper in my view.
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HB145-10 : JANE NYIKA vs THEMBANI MOYO and ALPHEUS NCUBE and REGISTRAR OF DEEDS and CITY OF BULAWAYO
Ruled By: MATHONSI J

Surprisingly, the summons was never served upon the second defendant although counsel for the plaintiff acknowledged before commencement of trial that the dispute evolved around the second defendant. The latter was said to be in prison.
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HH21-11 : CHRIST EMBASSY ZIMBABWE vs CHIDZIVA INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

The explanation that has been advanced by the applicant for the default is that the summons was not served at its place of business and therefore it was not aware of the suit. It was further contended that the applicant was not aware that its satellite church was operating from the respondent's premises. I found it ...
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HH48-13 : MELINA MATSHIYA (In her capacity as Executrix testamentary for Estate late ETTORE FUMIA) vs GEORGE FUMIA and ELLEN FUMIA and FALCON HAULIERS (PRIVATE) LIMITED
Ruled By: MAWADZE J

The respondents did not even bother to serve the third respondent, and if they did, they served the process on themselves! It is therefore clear that the serving of process in this matter was improper and this again is good and sufficient cause to set aside the default judgment.
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HH91-11 : BENEDICT AMON CHIKWANHA vs VICTORIA MUKUNDADZVITI and CITY OF HARARE and DEPUTY SHERIFFand MKWANILA SYLVESTER MATEO
Ruled By: MTSHIYA J

In response to arguments in support of the points in limine the applicant submitted that he only became aware of the default judgment on 4 February 2011 when a notice of ejectment was served on his nephews who in turn alerted him. He does not reside at the property. The applicant submitted that the application for ...
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HB94-11 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: NDOU J

There are two matters in this case.The first matter, HC1396/09, is for the confirmation or discharge of a provisional order granted by this court on 10 September 2009. The second, which is the main matter, under HC1410/09, is for the rescission of the decision to appoint the first respondent as ...
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HH304-14 : IRENE NDAMBA vs HU ZHANG
Ruled By: ZHOU J

In the draft order, the applicant also seeks a declaration that the bar effected against her be declared to be null and void. The applicant was served with the summons in Case No. HC3979/11 on 9 May 2011. She entered appearance to defend on 19 May 2011. In the notice of appearance to defend, the applicant ...
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HH327-14 : TM SUPERMARKET (PVT) LTD vs AVONDALE HOLDINGS (PVT) LTD and THE SHERIFF OF ZIMBABWE
Ruled By: CHATUKUTA J

It was submitted for the first respondent that on 4 March 2014, the second respondent attempted to serve the applicant with the summons and the declaration at 90 Speke Avenue, Harare. He reported back to the first respondent that the applicant had moved offices. The second respondent was thereafter instructed to proceed to serve the ...
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HH331-14 : DR. JANE MUTASA vs TELECEL INTERNATIONAL and TELECEL ZIMBABWE (PRIVATE) LIMITED
Ruled By: MATHONSI J

It is not clear from the papers whether the application was served upon the first respondent. It has not filed opposition but the second respondent has.
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HB04-16 : PATIENCE MAFU vs FREEMAN BIBA NCUBE and THE BULAWAYO CITY COUNCIL
Ruled By: MATHONSI J

The applicant has also taken issue with service of the application for rescission upon her legal practitioners. With respect, that is trifling with the court in the extreme because it is that law firm which set in motion the application whose order was sought to be rescinded. They did not renounce agency. It ...
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HB21-16 : REGIONAL MANAGER, BEITBRIDGE and ZIMBABWE REVENUE AUTHORITY vs MODRECK MARAMBA and ASSISTANT SHERIFF, BULAWAYO
Ruled By: MATHONSI J

I had deferred the grant of the order and told counsel for the applicant that I was concerned with the conduct of the Sheriff's office in Bulawayo and found it necessary to give reasons for the order that I was going to make in order to highlight my concerns over the operations of ...
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HH37-15 : CALEB SITHOLE vs KINGSTONS HOLDINGS LIMITED
Ruled By: MAFUSIRE J

Order 5 Rule 39(1) of the Rules of this Court…, directs, in peremptory terms, that process in relation to a claim affecting the liberty of a person shall be served on him personally.
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HH40-15 : DAVID JOHN CARROLL vs STEELBASE ZIMBABWE (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

Another issue was whether Steelbase was aware, or whether it ought to be deemed to have been aware, of the set down of the matter. This issue arose because the notice of set down had been served by the Sheriff on Gill, Godlonton Gerrans. In their notice of renunciation of agency, ...
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HB99-16 : PELLADILLO INVESTMENTS (PVT) LTD vs RWAINDEPI MADONGORERE and DEPUTY SHERIFF GWERU N.O.
Ruled By: TAKUVA J

On the 14th day of January 2016, a default judgment was entered against the applicant. The first respondent subsequently obtained a writ of execution which he used to attach several of the applicant's property on 23 February 2016. Upon being served with the inventory and a copy of the relevant default judgment, the applicant filed an application ...
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HH228-17 : WILLIAM MUKUDU vs ESTERE STELLA MUKUDU and THE MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS
Ruled By: TSANGA J

The applicant denies being in default on account of the fact that the summons were never served upon him at his last known address in accordance with the Rules. Whilst summons were served, they were in fact served at the family residence. He says that his mother, the first respondent, was fully aware that he was no ...
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HH156-15 : MICHAEL MUPFUMIRA vs DELTA BERVERAGES (PVT) LTD and PASSION AND DREAMS (PVT) LTD
Ruled By: TAGU J

Counsel for the first respondent submitted that the applicant avoided to explain why he did not have sight of the first respondent's summons instituted in the action proceedings under case HC5914/12. According to counsel for the first respondent, the summons, as well as the Notice of Attachment of the applicant's property, were served at the same address, ...
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SC37-17 : TM SUPERMARKETS (PVT) LTD vs AVONDALE HOLDINGS (PVT) LTD and SHERIFF OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ

This is an urgent chamber application seeking the stay of execution of a High Court judgment pending an appeal noted under SC255/14. When this matter was set down before me, on 12 June 2014, I dismissed the application with costs and intimated to the parties that the reasons would follow in due course. These are ...
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HH184-15 : ANDREW CRANSWICK vs RETIRED MAJOR GENERAL HAPPYTON BONYONGWE
Ruled By: ZHOU J

The applicant's explanation for his default is that he was not aware of the date of the set down. The Notice of Set Down was not served upon him. It was served at an address in the United Kingdom at which he did not reside. That address was stated as his last known address ...
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HH199-15 : JOSEPH MANDIZHA vs CHEN WANG and TAWANDA MAVHUNGA and TAFADZWA MAVHUNGA and DARNEL ENTERPRISES (PRIVATE) LIMITED
Ruled By: MANGOTA J

Pursuant to the judgement which MATHONSI J granted to the first respondent under case number HH516-14 (ref HC8415/13), the first respondent did, on 15 October 2014, issue an application out of this court. The application was filed under case number HC9133/14. He cited the applicant, the second, third and fourth respondents. The first respondent was served with ...
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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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Appealed
HH307-16 : ASSWELL GURUPIRA and JEAN GURUPIRA vs EARTHMOVING & CONSTRUCTION COMPANY PL and SANDRA MUIR and THE REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF and JOHN LEGGATTE
Ruled By: MAKONI J

The present application was filed on 7 March 2008 and has raged on with various twists and turns, culminating in the hearing before me. The background facts are that, on 25 May 2007, the applicants (the Gurupiras) and the second respondent (Muir) entered into an agreement whereby Muir sold to the Gurupiras two (2) issued shares ...
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SC85-20 : JOHN LEGGETT and EARTHMOVING AND CONSTRUCTION COMPANY PL vs ASSWEL GURUPIRA and JEAN GURUPIRA and SANDRA MUIR and THE REGISTRAR OF DEEDS and THE SHERIFF and THE DEPUTY SHERIFF
Ruled By: GWAUNZA DCJ, GOWORA JA and PATEL JA

This is an appeal against a judgment of the High Court handed down on 18 May 2016. BACKGROUND FACTS The facts which gave rise to this appeal are somewhat convoluted. Earthmoving Construction Company (Private) Limited, the second appellant (hereinafter referred to as “the Company”), is a private limited company duly registered as such under the laws of Zimbabwe. The Company ...
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HB97-18 : NEVERMIND CHINGWENA vs SMM HOLDINGS (PVT) LTD and THE ADMINISTRATOR and THE SHERIFF OF COURT N.O.
Ruled By: TAKUVA J

The applicant was employed by the first respondent. As part of his employment benefits, the applicant was allocated House Number 36 School Avenue, Noelvale, Zvishavane. Between 11 and 20 March 2011 the applicant deserted from work and was dismissed, after due process, on 27 March 2011. The applicant did not appeal against the dismissal which still ...