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Pleadings re: Abandoned Pleadings

HH81-09 : SAFARI OPERATORS ASSOCIATION OF ZIMBABWE vs ZIMBABWE TOURISM AUTHORITY and MINISTER OF ENVIRONMENT AND TOURISM and COMMISSIONER GENERAL OF POLICE
Ruled By: PATEL J

The applicant herein is an association that comprises licensed tour and safari operators and represents their interests. The first respondent is the Zimbabwe Tourism Authority (the Authority) which is established under the Tourism Act [Chapter 14:20] and is primarily responsible for administering that Act.Towards the end of 2007, the Zimbabwe ...
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HH84-12 : CHRISTOPHER BARNSLEY vs HARAMBE HOLDINGS (PVT) LTD AND ANOTHER
Ruled By: MATHONSI J

The applicant was employed as Group Engineering Director by the first respondent, which represented itself as a holding company comprising several subsidies with the second respondent as its Chief Executive Officer.The letter of his appointment containing the terms of employment, dated 7 May 2009, was signed by the second respondent ...
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HH14-12 : JOEL MATONGO vs FLORA MATONGO (NEE JOE)
Ruled By: CHITAKUNYE J

The plaintiff and the defendant were joined in holy matrimony on 13 June 1997, in terms of the Marriages Act [Chapter 5:11]. The marriage still subsists. They had, however, commenced living together as husband and wife, in terms of customary law, in August 1985. Their marriage was blessed with two ...
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Appealed
HH94-12 : ERIC MUSUNDIRE vs OK ZIMBABWE
Ruled By: BERE J

The claim for defamation was formerly abandoned by the plaintiff.
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HH20-12 : JANE PHIRI vs PATSON NAWASHA
Ruled By: MUTEMA J

The dispute in casu is steeped in the sale of a deceased immovable property whose purchase price was paid by the applicant but transfer of which the respondent failed to effect. The draft order the applicant seeks is couched in these words: “IT IS HEREBY ORDERED THAT: 1. The respondent is hereby ordered to deliver and register a four roomed house; ...
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SC17-09 : ELIZABETH MUTIZHE vs LOVENESS GANDA and THE REGISTRAR OF DEEDS and FANNIE MUTIZHE
Ruled By: MALABA DCJ

In Chambers in terms of Rule 31 of the Rules of the Supreme Court (“the Rules”).This is an application for an extension of time in which to note an appeal against the whole judgment of the High Court given on 27 February 2008.The applicant and the third respondent were married ...
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HH32-08 : LOVENESS SENGEREDO vs ERIC CABLE N.O.
Ruled By: MAKARAU JP

On 12 September 2006, the applicant obtained an order from this court compelling Africa International Removals to pay her the sum of $4,441,841=67 together with interest thereon; to deliver to her vehicle and a mobile phone together with a line for use in that phone.A warrant of execution was taken ...
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HH13-12 : YVONNE CHISESE vs ALLUVIAL EXPLORATION SERVICES (PRIVATE) LIMITED
Ruled By: MAVANGIRA J

The respondent raised a preliminary issue on the basis of which it contended that this application is fatally defective. It contended that the applicant filed a similar application in the Magistrates Court which application was opposed by the respondent….,. This preliminary issue was not persisted with in the respondent's heads of argument. I take it that the ...
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HH71-10 : FELISTAS MUTSETA vs ELLIOT ENOCK MUTSETA
Ruled By: MAVANGIRA J

The joint pre-trial conference minute, in terms of which this matter was referred to trial, records that the defendant abandoned his claim for maintenance.
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HH20-08 : DANIEL SHUMBA vs CONSTITUENCY REGISTRAR, MR MUSHANGWE and CHAIRMAN OF ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

The appellant was an aspiring Presidential candidate in the 29 March 2008 harmonized elections. On the 15th of February 2008, he presented his nomination papers to the first respondent who refused to accept them.He alleges that he arrived at the Nomination Court at around quarter to four while another aspiring ...
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HH47-08 : TSITSI MUZENDA vs PATRICK KOMBAYI and ZIMBABWE ELECTORAL COMMISSION
Ruled By: KUDYA J

At the management meeting held on 21 May 2005, four preliminary issues were referred to trial. These were;(i) Whether or not the petition was served on time;(ii) Whether there was proper service on the second respondent;(iii) Whether security for costs was provided; and(iv) Whether or not the second respondent was ...
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Appealed
SC28-10 : JONATHAN MOYO and MOSES NDLOVU and PATRICK DUBE and SIYABONGA NCUBE vs AUSTIN ZVOMA N.O., CLERK OF PARLIAMENT and LOVEMORE MOYO
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

This is an appeal against the judgment of the High Court wherein PATEL J dismissed the appellants' application to have set aside the election of the second respondent as the Speaker of Parliament (hereinafter referred to as "the Speaker").The appellants, as the applicants in the court a quo, sought the ...
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HH91-09 : SANANGURAI GWARADA vs KEVIN JOHNSON and MR WILLIAMSON and BERNARD CHOTO
Ruled By: GOWORA J

This matter came before me by way of an urgent chamber application.At the initial set down date, the legal practitioners indicated that they wished to file written submissions and the matter was accordingly postponed for that purpose.In view of the legal issues that were apparent from the affidavits, and that ...
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HH92-09 : SUPA PLANT INVESTMENTS (PVT) LTD vs EDGAR CHIDAVAENZI
Ruled By: MAKARAU JP

The facts giving rise to this application are largely common cause. They are as follows:The applicant is in the farming business, operating a farm in Chakari. In October 2006, it set out to acquire a centre pivot irrigation system for its farm. Its Managing Director, duly authorized to act on ...
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HH122-09 : EMMANUEL NEMUSESO vs DOROTHY MASHITA and LOVEMORE KATAYI and PAULINE MANDINGO and PANGANAYI MASHITA and INNOCENT WOYO and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS NO
Ruled By: GUVAVA J

The fifth defendant told the court that he was abandoning his claim for holding over damages and merely pursing the claim for eviction of the plaintiff….,. The fifth defendant abandoned his claim for holding over damages at trial and the claim therefore falls away….,. The fifth defendant had claimed costs on a legal practitioner and client scale, but, in ...
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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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HH35-10 : RUTH MUSONZA (nee MTANAUKWA) vs ESHMAEL MUSONZA
Ruled By: GUVAVA J

Counsel for the plaintiff also sought an amendment, which was granted by consent of the defendant, to remove the claim for maintenance for the plaintiff...,.The plaintiff stated that she was abandoning the claim for maintenance for herself.
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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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HH160-10 : TONDERAI HAMANDISHE and GAMUCHIRAI SANGARE vs MAFFACK PROPERTIES (PVT) LTD
Ruled By: MTSHIYA J

At the hearing of this matter the applicants abandoned clause 2 of their relief and persisted that they wanted the court to determine the status of the Agreement of Sale.
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HH173-10 : TAMBUDZAI MAFUSIRE vs LEWIS GREYLING and ELGREY INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

The plaintiff abandoned her claim for the following damages:(a) Hospital, x-rays, and other related expenses;(b) Orthopaedic surgeon's costs;(c) Charges for towing the damaged motor vehicle;(d) Costs of replacing spectacles; and(e) Value of the groceries lost in the accident....,.The defendant abandoned his counter-claim for special damages.
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HH174-10 : SAMSON MARTIN MEKI vs VHURAMAYI VHUSHANGWE and OTHERS
Ruled By: CHATUKUTA J

The plaintiff issued summons on 23 July 2007 claiming the following relief:“(a) An order declaring that the only families entitled to the Mapanzure chieftainship are the following families:1. Chimbuya.2. Magwirokona.3. Mavhengere.4. Bwangundoga.5. Mupandasekwa.6. Gwenhamo.7. Shumbayaonda.(b) An order declaring that according to customary principles of succession to the Mapanzure chieftainship, the ...
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HH227-10 : MIKE MAKOPE vs GEOFFREY DZUMBUNU and REGISTRAR OF DEEDS N.O. and MINISTER OF LOCAL GOVERNMENT
Ruled By: MAVANGIRA J

During the trial, and as the plaintiff gave his evidence, he indicated that he was abandoning the claim for specific performance. As a result, the outstanding issue for the determination of this court is the claim for damages.
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HH58-11 : ART CORPORATION LIMITED t/a CHLORIDE ZIMBABWE vs PENCASH INVESTMENTS (PRIVATE) LIMITED and ADAM SENI ABDULA
Ruled By: MTSHIYA J

In his submissions in court, counsel for the respondents did not make reference to the point in limine raised in the heads of argument. I therefore assumed that by so doing he had abandoned the point in limine.
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HH60-13 : IMMACULATE BLESSING MABIZA vs IVON NGWIRA
Ruled By: MATHONSI J

The defences raised by the defendant in her plea appear to have been abandoned as the defendant did not raise them and they were not identified as issues for trial at the pre-trial conference. It is therefore unnecessary for me to determine them.
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HH190-14 : AFRICAN BANKING CORPORATION OF ZIMBABWE LIMITED vs SUNJET DEVELOPMENT HOLDINGS (PRIVATE) LIMITED
Ruled By: MAKONI J

The respondent also took issue with the second paragraph of the Draft Order on the basis that the property in issue does not belong to the respondent but to a third party and that the third party had not been cited….,. I will first of all deal with the claim in paragraph 2 of the ...
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HB08-14 : JONATHAN MOYO vs ROSELINE NKOMO
Ruled By: MAKONESE J

The applicant was a candidate for the National Assembly seat for Tsholotsho North constituency in Matabeleland North Province in the Harmonised General Elections held on 31st July 2013 as a nominee of ZANU (PF). The respondent was declared winner of the National Assembly election in respect of the said constituency. ...
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CC05-16 : PITTY MPOFU and SAMUKELISIWE MLILO vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

This matter is brought by way of referral in terms of section 24(2) of the former Constitution of Zimbabwe (“the former Constitution) which provides as follows:“24 Enforcement of protective provisions(1)…,.(2) If, in any proceedings in the High Court or in any court subordinate to the High Court, any question arises ...
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SC59-17 : RAYMOND KASEKE vs A A MUSUNGA and PATRICIA DHLAKAMA and THE REGISTRAR OF DEEDS
Ruled By: GWAUNZA JA, GUVAVA JA and BHUNU JA

It is noted that although the appellant had, in his Notice of Appeal, cited two additional grounds of appeal, he made no reference to them in his heads of argument as well as in argument. The court thus took the view that he had thus abandoned the two grounds.
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HB83-16 : PROFERT ZIMBABWE (PVT) LTD vs MACDOM INVESTMENTS (PVT) LTD
Ruled By: MAKONESE J

I did not deal with the rest of the preliminary issues raised in the papers as these were not pursued in oral argument and were therefore deemed abandoned.
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HH138-15 : GOLD DRIVEN INVESTMENTS vs WILLEMSE FARMING ENTERPRISES (PVT) LTD and FREDRICK CHRISTIAN MULLER
Ruled By: MATHONSI J

Counsel for the respondents, while taking a number of points in limine in her heads of argument, appeared to abandon them in submissions.
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HH319-17 : BINDURA UNIVERSITY OF SCIENCE EDUCATION vs TETRAD INVESTMENT BANK LTD (Under Provisional Judicial Management) and THE SHERIFF OF ZIMBABWE (N.O.)
Ruled By: ZHOU J

At the commencement of the hearing, the legal practitioners indicated that the applicants and the first respondent were abandoning the points in limine taken in their papers and would debate the merits of the matter.
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CC22-17 : MOVEN KUFA and VOICE FOR DEMOCRACY TRUST vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE and THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE and OTHERS
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA, GARWE JA, GOWORA JA and OMERJEE AJA

In his objection in limine, the Attorney General, inter alia, drew attention to the allegation by the appellants, as applicants, that the right they were relying on was the protection of the law guarantee enshrined in section 18(9) of the Constitution. It was the Attorney General's contention that section 18(9) ...
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SC71-15 : SIMBI (STEELMAKERS) (PRIVATE) LIMITED vs M. SHAMU and OTHERS
Ruled By: GARWE JA, GOWORA JA and PATEL JA

At the hearing of the appeal, counsel for the appellant abandoned the last ground of appeal relating to prescription, presumably on the basis that this issue was not raised before the arbitrator or the Labour Court.
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SC58-15 : ERICKSON MVUDUDU vs AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY
Ruled By: MALABA DCJ, GWAUNZA JA and PATEL JA

The issues raised in the notice of appeal herein are largely identical to those before the Labour Court and may be summarized as follows:(i)...,. (ii) What was the effective date of termination of employment? (This issue was not pursued by counsel for the appellant and appears to have been abandoned).(iii)...,.(iv)...,.(v)...,.
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SC48-13 : STANLEY MAJURIRA vs TREDCOR (ZIMBABWE) (PVT) LTD
Ruled By: PATEL JA

The final ground of appeal, pertaining to the award of costs by the court a quo, is not addressed at all in the applicant's founding and answering affidavits. Nor was it pursued at the hearing of the application. It must therefore be deemed to have been abandoned.
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Appealed
SC45-15 : SAMMYS GROUP (PRIVATE) LIMITED vs JOHN MEYBURGH N.O. and NUGLO INVESTMENTS (PRIVATE) LIMITED and C.W. ELECTRICAL (PRIVATE) LIMITED and REGISTRAR OF COMPANIES N.O.
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and MAVANGIRA AJA

It was further submitted that the special plea and exceptions were abandoned when the matter was, by consent, referred to trial for the determination of the sole issue agreed upon by the parties.It appears to me that the matter, having proceeded to trial, the court a quo ought to have ...
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SC30-15 : DUNMORE MUPANDASEKWA vs GREEN MOTOR SERVICES (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, GOWORA JA and GUVAVA JA

Counsel for the appellant concedes the point made by counsel for the respondent and confirms that the appellant has abandoned all of his grounds of appeal except the one that reads as follows...,.
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SC25-14 : DAVID GOVERE vs ORDECO (PRIVATE) LIMITED and REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and PATEL JA

The notice of appeal filed of record contains five grounds of appeal. At the hearing of the matter, counsel for the appellant conceded that the second ground of appeal referred to the wrong section of the Companies Act and that the third ground, as it was framed, was utterly nonsensical. ...
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SC24-14 : KUNDAI MAGODORA AND OTHERS vs CARE INTERNATIONAL ZIMBABWE
Ruled By: MALABA DCJ, PATEL JA and GUVAVA JA

At the hearing of the appeal, the additional claim for the payment of retrenchment packages, in the event of reinstatement not being possible, was abandoned on the basis that such relief was not competent as it was inconsistent with the primary relief sought.
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SC22-16 : MICHEAL HENRY BROWNE vs TANGANDA TEA COMPANY
Ruled By: ZIYAMBI JA, GWAUNZA JA, PATEL JA

The appellant alleges that the Disciplinary Committee that found him guilty and imposed the penalty of dismissal was not properly constituted as set out in the respondent's employment Code of Conduct....,.The record shows that Mr Kuhuni then proceeded to address the court on a completely different aspect of the case. ...
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SC02-17 : GUOXING GONG vs MAYOR LOGISTICS (PRIVATE) LIMITED and THE REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, BHUNU JA and UCHENA JA

Counsel for the appellant…, raised the point that the…, default judgment was unenforceable because it has superannuated at common law through the effluxion of time as it was issued more than three (3) years ago.He however later abandoned the objection conceding that superannuation was not in issue as the first ...
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HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

In the course of argument, counsel for the applicant evidently realised the futility of the applicant's case. She changed tack.At first, she sought an alternative order, without abandoning the original one....,. When I intimated that the original remedies and the alternative ones seemed mutually exclusive, counsel for the applicant ...
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HMA20-17 : FRANK NYAKU BADZA vs SMM HOLDINGS [PVT] LTD [Under Reconstruction] t/a SMM Properties
Ruled By: MAWADZE J and MAFUSIRE J

In his appeal to this court, the appellant raised six grounds. Grounds 1 to 3 were couched as follows:1. That the magistrate erred in finding that the plaintiff could institute the proceedings without attaching the leave from the Administrator stating the conditions imposed by him;2. That the magistrate erred in ...
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HH97-15 : RESERVE BANK OF ZIMBABWE vs ALLIED BANK LIMITED and UNILIVER SOUTH EAST AFRICA PENSION FUND and MESSENGER OF COURT, HARARE
Ruled By: CHATUKUTA J

The parties first appeared before me on 15 January 2015. Initially, counsel for the third respondent submitted that the third respondent would only be prevented from proceeding to execute by an order of this court. She however abandoned this argument and all the parties agreed to the court granting a ...
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HH59-10 : INTERCONTINENTAL HOLDINGS (PVT) LTD vs VERONICA NECHITIMA AND TEN MWANZA AND FOUR OTHERS
Ruled By: MTSHIYA J

Upon being served with this application on 26 August 2009, one Mr.A.Windimani of Suite 4, Alpha House, Kwame Nkrumah Avenue, Harare purporting to represent the six respondents, filed a notice of opposition to the applicant's application.The notice was supported by an affidavit from the first respondent only. The rest of ...
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HH58-14 : MICHAEL P. HITSCHMAN and PESCA (PVT) LTD vs COMMISSIONER - GENERAL OF POLICE and CO-MINISTERS OF HOME AFFAIRS and ATTORNEY GENERAL and SUPERINTENDENT ARNOLD DHLIWAYO
Ruled By: NDEWERE J

In the Draft Order, the first applicant seeks the return of his watch Trade Mod S3001B and a Hewlett Packard laptop. During the hearing, the applicant's counsel abandoned the claims for the return of the wrist watch and laptop.
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HH461-15 : PATTERSON TIMBA vs REGGIE SARUCHERA N.O. and RESERVES BANK OF ZIMBABWE and NATIONAL SOCIAL SECURITY AUTHORITY and RENNAISSANCE FINANCIAL HOLDINGS LTD and RENAISSANCE MERCHANT BANK LTD
Ruled By: MAKONI J

I agree with counsel for the first and fifth respondents that the fact that the other respondents have abandoned their claim for costs does not dis-entitle the first and the fifth respondents to claim their costs.
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HH38-14 : JULIET HOMODZA vs CHITUNGWIZA MUNICIPALITY
Ruled By: TAKUVA J

The applicant filed her heads of argument wherein she abandoned her claim with respect to arrear salaries but maintained her claim in respect of outstanding terminal benefits.
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HH38-11 : WELLCROFT INVESTMENTS (PRIVATE) LIMITED t/a HOUSE OF SANDALS vs MODERN CARPETS (PRIVATE) LIMITED
Ruled By: HLATSHWAYO J and KUDYA J

The second preliminary point raised by the respondent was that the appeal lapsed for failure to furnish security in terms of Order 32 Rule 2 of the Magistrates Court Civil Rules.Counsel for the respondent abandoned this submission when the letter filed with the Clerk of Court, on 11 August 2010, ...
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HH364-13 : ENNETY GUNDA vs OLIVER MASOMERA N.O. and TSITSI GUNDA and LANGTON MASHIRI and THE MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MAWADZE J

It is clear from the written submissions by the plaintiff that the plaintiff has now abandoned the basis upon which the administration of this said estate was being challenged.
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