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Costs re: Legal Aid, Indigent and Informa Pauperis

HH99-09 : ALSPITE INVESTMENTS (PRIVATE) LIMITED vs TENDAYI WESTERHOFF
Ruled By: MAKARAU JP

Regarding costs, I will not make an order of costs against the defendant for the reason that she was assisted by the Legal Aid Directorate in terms of the Legal Aid Act [Chapter 7:16]….,. 1….,. 2. Each party shall bear its own costs.
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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 plaintiff's counsel indicated that he was acting in forma pauperis and so no order for costs should be made against his client. That being the case, no order for costs shall be made against the plaintiff.
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HB08-10 : PHILLIP GUMBO vs JOYCE NDIWENI and DEPUTY SHERIFF and REGISTRAR OF DEEDS
Ruled By: KAMOCHA J

The applicant is a man of straw who cannot afford an award for costs. There will therefore be no order for costs.
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HB173-11 : ENELESS MHLANGA vs MAGGIE MHLANGA
Ruled By: NDOU J and MATHONSI J

We dismissed it with no order as to costs in light of the fact that the appellant is indigent and was proceeding on an in forma pauperis basis.
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HH561-14 : JULIAN TINOTENDA MADONDO and MILLICENT NYARAI MEZA vs CECIL MADONDO
Ruled By: UCHENA J

I will not order costs against the applicant. He is a young man who has just completed his “A” levels. He has no means of his own. He should also not be discouraged from applying for maintenance from his father, who, until the hearing of this application, seemed unwilling to voluntarily discuss his son's welfare ...
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HH48-15 : SITHOKOZILE MUNYIKA (as Executrix Dative in Estate Late Jeffrey Dhliwayo) vs MARSHALL DHLIWAYO and MASTER OF THE HIGH COURT and DIRECTOR OF HOUSING CHITUNGWIZA CITY COUNCIL
Ruled By: TSANGA J

There is no order as to costs as the plaintiff is represented by the Legal Aid Directorate.
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Appealed
 SC45-20 : MUCHANETA CHATAMBUDZA vs KUDAKWASHE MURAPE and MARBEL MURAPE
Ruled By: GWAUNZA DCJ, GARWE JA and MAKONI JA

The respondents had prayed for costs on a punitive scale on the basis that there is an element of harassment of the respondents taking into account the manner in which the appellant has conducted her case from the beginning.However, at the commencement of the hearing, counsel for the appellant advised ...
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HH362-13 : THOMAS CHAURAYA vs PROGRESS MAKOKORO
Ruled By: MAWADZE J

No order for costs is made as the defendant is represented informa pauperis....,.1....,.2....,.3....,.4....,.5. There is no order as to costs.
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HH87-12 : MARVELLOUS TARUONA vs MISHECK ZVAREVADZA and OTHERS
Ruled By: KUDYA J

The defendants sought punitive costs against the plaintiff for abusing the court process by flogging a dead horse and putting the defendants to unnecessary expense.It seems to me that the plaintiff was not motivated by any desire to achieve justice on the question of directorship. Rather he was driven by ...
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