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Approach, Partnership Agreement, Joint Ventures, Consortiums and Nature of the Business Relationship

HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

The parties are brothers-in-law. They own four immovable properties in equal shares...,. The parties are not able to work together.
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HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

All four properties were purchased when the plaintiff's son was ten years old. Stand 244 of Mangula Township 2 of Lot 1 of Plateau, Mhangura, was transferred to the parties when he was ten years old, while the other properties were transferred when he was thirteen years old. He was too young to appreciate ...
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HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

The totality of the documentation demonstrated, beyond a shadow of doubt, that the plaintiff and the defendant were equal holders of the four properties in question. In addition, the parties were partners in the Mhangura business operations.
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HB74-09 : PATRICK SIKHOSANA vs MTHANDAZO DUBE and SIBANGANI NCUBE and VUSA DUBE
Ruled By: KAMOCHA J

The plaintiff's claim against the defendant was for:- “(a) An order that the verbal partnership agreement between plaintiff and first defendant be declared valid and binding on the first defendant; (b) An order that second defendant transfer the right, title, and interest in the motor vehicle, being a Mazda B2000 truck, registration number 824-526Y, to the joint names ...
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HB74-09 : PATRICK SIKHOSANA vs MTHANDAZO DUBE and SIBANGANI NCUBE and VUSA DUBE
Ruled By: KAMOCHA J

This court finds that the plaintiff paid the defendant a total of $275 million, representing seventy-three percent of the total sale price of the said vehicle. In the light of the foregoing, the order of this court is as follows. It is ordered that the first and third defendants, jointly and severally, the one paying the other ...
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HH126-11 : LAWRENCE BERNARD GWARADA vs DOUGLAS TANYANYIWA and DOUGLAS WARRIORS FOOTBALL CLUB
Ruled By: MUTEMA J

The plaintiff runs a tour operator company under the style of LED Travel and Tours (Pvt) Ltd. The first defendant owns Douglas Car Sales (Pvt) Ltd and he also owns the second defendant. The present feud between the parties has its genesis in matters of football and partnership.When the first defendant, in 2008, ...
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HH178-14 : WILLOUGHBY'S INVESTMENTS (PRIVATE) LIMITED vs PERUKE INVESTMENTS (PRIVATE) LIMITED and THE HONOURABLE MR JUSTICE (Ret) A. R. GUBBAY SC
Ruled By: ZHOU J

The background facts to the dispute which the second respondent was called upon to arbitrate are eminently summarised in the award. They are as follows: The applicant and the first respondent purchased two adjoining pieces of land, known as Stands 895 and 894, respectively. They are both 892 square metres in extent. The two properties are ...
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SC03-17 : HAROLD CROWN and PORTRIVER INVESTMENTS (PRIVATE) LIMITED vs ENERGY RESOURCES AFRICA CONSORTIUM (PRIVATE) LIMITED and ENERGY RESOURCES AFRICA (PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

This is an appeal against an interdict granted by the High Court in favour of the respondents. The appellants contend that the interdict was improperly granted and seek that it be set aside. Briefly, the background to the appeal is as follows: The first appellant ('Crown') is a Director and the alter ego of the ...
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HB90-16 : L. SACRE KWETE MINGA vs ITAYI MATIVONESE GUNDA
Ruled By: TAKUVA J

R. H. Christie, Business Law in Zimbabwe 2nd Edition, Juta Co Ltd 1998…., defines a joint universal partnership as follows: “Universal partnerships may be of two types. In a partnership in all business affairs or societas universorum qual ex quaestu veniant, the partners retain their separate individual estates in respect of their private affairs, ...
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HB100-16 : TEBEKWE SANDS and MATOVU INVESTMENTS JOINT VENTURE vs MIKE G. HUGHES
Ruled By: TAKUVA J

This is an urgent chamber application in which the applicant prayed for the following interim relief: “(a) Pending finalisation of this matter, the respondent be and is hereby interdicted from interfering with the day to day operations of Tebekwe Mine as the Mine Manager or any position whatsoever without the express approval of the Joint Venture ...
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HH128-06 : DOBROCK HOLDINGS (PVT) LTD and TURNER AND SONS (PVT) LTD vs TURNER AND SONS (PVT) LTD and ANTHONY TURNER and MARTIN KING and ZAMBEZI PADDLE STEAMER (PVT) LTD and DOBROCK (PVT) LTD
Ruled By: KUDYA J

An order for the consolidation of these two matters was granted by UCHENA J, by consent, with no order as to costs, on 2 June 2006, for hearing before me on 7 June 2006 in Case Number 3157/06.The first application, Case No. HC5186/05, concerns an order for specific performance while ...
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HH223-13 : HWANGE COLLIERY CO. LTD and HWANGE COAL GASIFICATION CO. PL vs HWANGE COAL GASIFICATION CO. PL and TENDAI SAVANHU and KINGDOM BANK LTD and STANBIC BANK LTD and GUO FENG and ORS
Ruled By: MAFUSIRE J

There has been ferocious litigation in a space of four months pitting several protagonists. The dispute was convoluted and the issues multi-faceted. At the centre was a company called Hwange Coal Gasification Company (Private) Limited. For ease of reference I shall refer to this company as the Coal Gasification Company. The one protagonist was a Chinese ...
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HH223-13 : HWANGE COLLIERY CO. LTD and HWANGE COAL GASIFICATION CO. PL vs HWANGE COAL GASIFICATION CO. PL and TENDAI SAVANHU and KINGDOM BANK LTD and STANBIC BANK LTD and GUO FENG and ORS
Ruled By: MAFUSIRE J

(1) WHETHER HWANGE COLLIERY WAS ENTITLED TO REMOVE FRED MOYO FROM THE LIST OF SIGNATORIES AND SUBSTITUTE HIM WITH ANOTHER In its application under HC5105/13, filed on 27 June 2013, Hwange Colliery, after setting out the nature of the multi faceted dispute between the disparate parties, made the point that it was so undoubtedly an interested party ...
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SC05-20 : GRANDWELL HOLDINGS PL vs ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES PL and MBADA DIAMONDS PL
Ruled By: GWAUNZA DCJ, MAVANGIRA JA and MATHONSI JA

This is an appeal against the whole judgment of the High Court handed down on 26 October 2016 dismissing the appellant's application for specific performance with costs.The facts are that the appellant and the second respondent are each the holders of fifty percent of the issued share capital in the ...
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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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HH601-14 : SHI JINWU vs BIG VALLEY MASTERS (PRIVATE) LIMITED and PHILLIMON MUBATA
Ruled By: CHIGUMBA J

Zimbabwe adopted a policy that was dubbed “look east” as a way of combating economic sanctions that were imposed on it by the international community. The “look east” policy encourages a forging of closer business and trade ties with countries in the east as opposed to the west, the traditional ...
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HH125-17 : GRANDWELL HOLDINGS vs ZIMBABWE CONSOLIDATED DIAMOND COMPANY LTD and COMMISSIONER GENERAL, ZIMBABWE REPUBLIC POLICE and MBADA DIAMONDS (PVT) LTD
Ruled By: TSANGA J

In March 2016, the applicant, Grandwell Holdings (Grandwell), which owns a 50% shareholding in Mbada Diamonds [Private] Limited (Mbada), a joint venture initiative for diamond mining in Chiadzwa, obtained an interim order under HC1977/16 (HH193-16).The other 50% shareholding in Mbada is owned by Marange Resources [Private] Limited (Marange), a Government-owned ...
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