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Citation and Joinder re: Approach iro Third Party Notices ito Nominal Party and Financial Interest Party

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
HH108-12 : OLIVER CHIDAWU and BROADWAY INVESTMENTS and DANOCT INVESTMENTS and DANNOV INVESTMENTS vs JAYESH SHAH and TN ASSET MANAGEMENT and ISB SECURITIES and ZIMBABWE STOCK EXCHANGE and CORPSERVE
Ruled By: UCHENA J

The third respondent is the broker who facilitated the sale of the shares between the first respondent and the second respondent.The fourth respondent is the Zimbabwe Stock Exchange on whose bourse the shares in dispute were sold and it is the fourth respondent who can reverse the sale if the applicant's application succeeds. The fifth respondent is ...
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HH02-10 : JOHN RODGER & OTHERS vs FRIK MULLER & OTHERS
Ruled By: PATEL J

The first and second applicants are directors of the third applicant, which operates safari activities in the Zambezi Valley Area.The first and second respondents are directors of the third respondent, which is also a safari operator.The fourth respondent is the National Parks and Wildlife Management Authority (the Authority) responsible for ...
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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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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 third defendant is the Registrar of Deeds, cited in his official capacity as the officer responsible for the registration and transfer of immovable properties.
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CC05-15 : TOUR OPERATORS BUSINESS ASSOCIATION OF ZIMBABWE vs MOTOR INSURANCE POOL and ZIMBABWE REVENUE AUTHORITY and INSURANCE AND PENSIONS COMMISSION and ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

Non-Joinder of the Minister The position taken by the Tour Operators Business Association of Zimbabwe in this regard is that the failure to cite the Minister as a party to this application is not fatal. This is because it is not seeking any relief as against the Minister….,. It is not in dispute that it was ...
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Appealed
HH377-13 : KENNEDY GODWIN MANGENJE vs TBIC INVESTMENTS [PVT] LTD and FOUR OTHERS [Case 1] and MINISTER OF LANDS & RURAL RESETTLEMENT & 3 OTHERS [Case 2]
Ruled By: MAFUSIRE J

The Commissioner-General of Police, who had been cited, evidently as a nominal party, did not file any papers.
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HH95-17 : THOMAS PASI vs WONDER MUSHURE and LINDA MADZIVAIDZE N.O. [Executrix Dative Estate Taurayi Madzivaidze] and LINDA MADZIVAIDZE and THE REGISTRAR OF DEEDS N.O. and MASTER OF THE HIGH COURT N.O.
Ruled By: MAFUSIRE J

The non-joinder of the professionals was of no moment. It was not the applicant's business. They had merely facilitated the sales and the transfers. They had been mere agents. They had no interest in the property. They would have dropped out of the picture once their mandates had been completed. The applicant had ...
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HB87-16 : COLD STORAGE COMPANY LTD vs ADDITIONAL SHERIFF OF THE HIGH COURT – E.M. MAGARA N.O. and HOLLANDS REAL ESTATE and AHMED ESAT and TREVOR AND TALENT and REGISTRAR OF DEEDS
Ruled By: MAKONESE J

The third respondent, whose role as the auctioneer, was peripheral to the real issues at stake.
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HH56-15 : ESTATE LATE FIDELIS CHIWEDZA and OSBURGA NDHLOVU (Executrix Dative) vs LUISA GOMBARUME and POLKA EXECUTOR SERVICES and AFRICA REAL ESTATE and MAKUNIKE & PARTNERS and OTHERS
Ruled By: UCHENA J

The fifth defendant is the Chief Registrar of Deeds cited in his official capacity as the official responsible for the registration and transfer of properties. The sixth defendant, the Master of the High Court, was cited in his official capacity as the official responsible for the administration of deceased estates. The seventh defendant, the Sheriff, was cited in his ...
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HH57-15 : MACRO PLUMBERS (PVT) LTD vs SHERIFF OF ZIMBABWE N.O. and OWEN CHIGOYA
Ruled By: MATHONSI J

Thirdly, it is argued that the second respondent has no basis for opposing the application because the relief sought is against the Sheriff who has confirmed that he will not remove the goods placed under attachment and that he will abide the decision of the court. This argument cannot possibly be taken seriously. ...
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HH138-15 : GOLD DRIVEN INVESTMENTS vs WILLEMSE FARMING ENTERPRISES (PVT) LTD and FREDRICK CHRISTIAN MULLER
Ruled By: MATHONSI J

I will consider the issue of non-joinder of the arbitrator. Counsel for the applicant conceded that in applications of this nature it is necessary to cite the arbitrator as a nominal respondent. He, however, submitted that a failure to do so is not fatal to the application as it can be remedied by either the service ...
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SC57-18 : DRUM CITY (PRIVATE) LIMITED vs BRENDA GARUDZO
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAKONI JA

The importance of joining an interested party to the proceedings in a court is authoritatively articulated in a number of authorities:CILLIERS AC, LOOTS C and NEL HC, HERBSTEIN and Van WINSEN, The Civil Practice of the High Courts and the Supreme Court of Appeal of South Africa (5th edn, Juta ...
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Appealed
HH151-16 : SHORAI NZARA and ARROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN and vs CECILIAH KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: MAFUSIRE J

The second and third respondents were nominal parties on account of their statutory rights and obligations. The second respondent, the Registrar of Deeds, was a party right from inception. The property was registered in the Deeds Office, an office under his control and supervision. The third respondent, the Master of this court, had been joined to ...
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HB10-14 : ELPHAS KAWA vs VICTOR MUZENDA N.O. and ZEXCOM (PRIVATE) LIMITED (in provisional liquidation) and ASSISTANT MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS and GEORGE ZINGANI and FUNGAI MARUFU
Ruled By: MAKONESE J

The first respondent has raised a point in limine, contending that the applicant is not properly before the court. The first respondent argues that in terms of section 213(a) of the Companies Act [Chapter 24:03], no action or proceeding can be brought against a company under liquidation without the leave ...
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HB257-16 : VILLAGE PROPERTIES (PVT) LTD vs REGGIE SARUCHERA (as Liquidator of 2nd respondent) and JW JAGGERS WHOLESALERS (PVT) LTD (in liquidation)
Ruled By: MAKONESE J

The second respondent has been merely cited as an interested party…,. It is evident that no order is being sought against the second respondent in this application…,.
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HH249-13 : MARIAN KATSANDE (NEE MANDIZVIDZA) vs FADZAI KATSANDE (as Executrix Dative to Estate late Tongai Katsande) and FUNGAI KATSANDE and MASTER OF THE HIGH COURT N.O.
Ruled By: CHITAKUNYE J

The third respondent is cited in his official capacity as the property involved is registered in the name of the late Tongai Katsande.
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HH05-18 : MOVEMENT FOR DEMOCRATIC CHANGE (T) and MOVEMENT FOR DEMOCRATIC CHANGE (N) and SARAH KACHINGWE vs ZIMBABWE ELECTORAL COMMISSION and REGISTRAR GENERAL N.O. and OTHERS
Ruled By: MUNANGATI-MANONGWA J

The fourth respondent, being the Zimbabwe African National Union Patriotic Front (ZANU PF), did not oppose the application. The applicants maintained they had cited ZANU (PF) as an interested party, but, in my view, this was not necessary hence it is no surprise that, that party never bothered to respond. No doubt, its members may benefit from ...
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HH73-18 : NEWTON DONGO vs JOYTINDRA NAIK and HEMANT NAIK and BABNIK INVESTMENTS PL and CLINTVEST INVESTMENTS PL and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MWAYERA J

After considering the papers filed of record, inclusive of heads of argument and hearing oral evidence from the applicant and the respondents' counsels, I gave oral reasons for my disposition; I indicated that written reasons would be availed in due course on why I effectively dismissed the application with costs ...
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HH45-08 : HILLARY SIMBARASHE vs ZIMBABWE ELECTORAL COMMISSION and MABEL CHINOMONA
Ruled By: KUDYA J

At the management meeting that was held on 21 May 2008, three preliminary issues were referred to trial. They were framed as follows:1. Whether the petition is out of time, and, if so, whether this is fatal to the petition.2. Whether the failure to file security for costs timeously renders ...
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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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HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

This dispute came before me as a trial matter. The parties agreed to dispense with the need to call oral evidence there being no disputes of fact arising from the facts. Thereafter, the parties filed heads of argument and a Statement of Agreed Facts.After argument, the court granted the following ...
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HH74-16 : TRIANGLE LTD and HIPPO VALLEY ESTATES LTD and MKWASINE ESTATE and THE ZIMBABAWE SUGAR ASSOCIATION EXPERIMENT STATION (PVT) LTD vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS' UNION and OTHERS
Ruled By: MAKONI J

The applicants approached this court seeking 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. The 1st respondent, its members, and all other persons acting through it and on ...
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HH842-19 : BARIADIE INVESTMENTS (PVT) LTD vs PUWAYI CHIUTSI and TENDAI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O. and ELLIOT ROGERS
Ruled By: CHITAPI J

The fourth respondent did not oppose the application nor did the third respondent. It is customary for them not to participate and abide by the court's determination instead.
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SC93-21 : RINOS TERERA vs GEORGE LOCK and CK HOLLAND t/a HOLLAND ESTATE AGENT and ZIMBABWE HOUSING COMPANY (PVT) LTD and THE REGISTRAR OF DEEDS
Ruled By: CHITAKUNYE AJA

This is an opposed chamber application for condonation of non-compliance with the Supreme Court Rules 2018 and for extension of time within which to appeal.Though at the outset the applicant did not state the Rule that was not complied with and the Rule under which this application is brought, it ...
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HH94-16 : THE MILTON GARDENS ASSOCIATION and SYRIL MUPANGURI vs TECLA MVEMBE and CHAMPION CONSTRUCTORS (PVT) LTD and REGISTRAR OF DEEDS, HARARE and THE SURVEYOR GENERAL
Ruled By: DUBE J

This is an application for rescission of a default judgment granted under HC7398/11.The application is brought in terms of Rule 449.The first applicant is an association of members and will hereinafter be referred to as The Association.Its members purchased Stands at a property known as Newark of Hilton of Subdivision ...
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HMA38-19 : BERRINGTON ZVANYANYA and OTHERS vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION and OTHERS
Ruled By: MAFUSIRE J

Applicants 1 to 10 (Berrington Zvanyanya, Samuel Jinjika, Nyararai Dembo, Madhuvura Emmanuel, Madzuro Stiriki, Lovemore Muteurwa, Vengai Masungwini, Ngonidzashe Mabina Mudambanuki, Joe Gasva and Masacha Tapiwa) are one faction of a trade union.Respondents 2 to 6 (Godfrey Katerere, Brawl Chikandiwa, Tavanga Vandirai, Lucia Chirilele and Nokhutula Dube) are the ...
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HH264-21 : MUSA KIKA vs MINISTER OF JUSTICE LEGAL & PARLIAMENTARY AFFAIRS and THE CHIEF JUSTICE HONOURABLE LUKE MALABA N.O. and OTHERS
Ruled By: ZHOU J, CHAREWA J and MUSHORE J

In the case of Zimbabwe Teachers Association Ors v Minister of Education 1990 (2) ZLR 48, it was held…, that a party is entitled to participate in a suit if it has a direct and substantial interest in the subject-matter and outcome of the application.What is required is ...
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HMA54-19 : TANDIWE MHLANGA vs ZIMBABWE LAND COMMISSION and MINISTER OF LANDS, AGRICULTURE & RURAL RESETTLEMENT and MUNASHE SHOKO
Ruled By: MAFUSIRE J

This was an opposed application. The original and main dispute was between the applicant and the third respondent. But, in this particular application, the applicant sought a remedy against the first and second respondents.I guess the third respondent was cited merely as a nominal respondent being so much of an ...
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HH95-16 : MANICA ZIMBABWE LTD vs GRINDSBERG INVESTMENTS (PVT) LTD and OTHERS
Ruled By: DUBE J

The second respondent (Bollore Africa Logistics Zimbabwe (Pvt Ltd) was cited as an interested party having arranged transport of the consignment of sugar which forms the subject matter of this application.
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