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Citation and Joinder re: Party Acting in Official Capacity, Statutory or Peremptory Citation and Delegated Authority

Appealed
SC18-11 : RIO TINTO (AFRICA) PENSION FUND vs AFARAS M. GWARADZIMBA (in his capacity as Liquidator of Sagit Stockbrokers PL) and AFARAS M. GWARADZIMBA (in his personal capacity)
Ruled By: MALABA DCJ, SANDURA JA and GARWE JA

The last ground of appeal is that, so far as the second respondent is concerned, the court a quo should have found that it would be iniquitous to allow the second respondent to shelter behind his official capacity.It is not in dispute that the second respondent, in his official capacity as liquidator of Sagit Stockbrokers ...
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HH40-09 : DODHILL (PVT) LTD and SIMON KEEVIL vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and NYASHA CHIKAFU
Ruled By: BERE J

The first respondent is the Minister of Lands and Rural Resettlement, cited in his capacity as the acquiring authority and is responsible for the administration and implementation of the Land Acquisition Act [Chapter 20:10] and other allied pieces of legislation currently in force.
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HH17-09 : TARISAYI ZVOMA vs WATERSHED COLLEGE (represented by Joseph Goromonzi, Chairman of the Board of Governors)
Ruled By: HUNGWE J

The respondent pointed out that the applicant cannot succeed in view of the fact that the order sought is against the Chairman of the respondent when it is the College that is being sued. I agree.The respondent is the College, Mr. Goromonzi is its Chairman. He cannot be held in contempt in a representative capacity.
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HH111-12 : DARLINGTON SIREWU vs WAYNE (GALLOP) SWALES AND ANOTHER
Ruled By: CHIWESHE JP

The first respondent argues that he is wrongly cited.as he is not an owner of the farm but merely an employee of a tenant company. I disagree. The first respondent is in physical occupation of the farm and therefore an "occupier" in terms of the land laws of the country. In his personal capacity, he ...
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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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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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HH27-08 : EDSON NYAMAPFENI vs CONSTITUENCY REGISTRAR MBERENGWA EAST and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE and DOUGLAS MOMBESHORA and CLEVER KUGOTI
Ruled By: UCHENA J

The appellant and the fourth and fifth respondents are aspiring Parliamentary candidates. The appellant's nomination papers were rejected while those of the fourth and fifth respondents were accepted by the first respondent.The second respondent is the Electoral Commission responsible for conducting elections in Zimbabwe. The third respondent is the Minister ...
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HH38-08 : IAN MAKONE vs MOVEMENT FOR DEMOCRATIC CHANGE (MDC) and CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and REGISTRAR-GENERAL OF VOTERS
Ruled By: UCHENA J

The first respondent is the Chairman of the Zimbabwe Electoral Commission, which is responsible for the conducting of elections in Zimbabwe. The second respondent is the Registrar-General of Voters, responsible for the registration of voters, though he does so under the control and supervision of the first respondent.
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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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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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HH104-09 : BSKY ENERGY (PVT) LTD vs MINISTER OF ENERGY AND POWER DEVELOPMENT and ANOTHER
Ruled By: BHUNU J

Being an adviser to the first respondent, the second respondent appears to have misled his principal by concealing and deliberately not disclosing to him the Investigating Committee's report. That kind of conduct cannot be tolerated by these courts. By consciously ignoring sound advice, thereby deliberately straying into the wilderness of costly illegality, the second respondent cannot cry foul when ...
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HH108-09 : CHAIR RORE vs THE MINISTER OF DEFENCE
Ruled By: CHITAKUNYE J

The defendant is the Minister of Defence cited in his official capacity.
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HH113-09 : DIDYMUS MUTASA vs NGONI NDUNA N.O. and ATTORNEY-GENERAL and COMMISSIONER-GENERAL OF POLICE and ROBERT MCKERSIE
Ruled By: PATEL J

The applicant herein is the Minister of State responsible for Presidential Affairs. He was formerly the Minister responsible for Land Reform and Resettlement.
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HB24-09 : SIKHULILE MOYO vs THABANI KHUMALO and ESTATE LATE SIBONILE MLILO (represented by Bongani Ndlovu) and ASSISTANT MASTER OF HIGH COURT, BULAWAYO and CITY OF BULAWAYO
Ruled By: CHEDA J

This is an application for an enforcement of a contract. The first respondent is Thabani Khumalo, a male adult who is in the business of contracting, acquiring and developing residential Stands for sale. He resides at House No.8774 Cowdray Park, Bulawayo, which is his address for service. The second respondent is the Executor in the Estate of the ...
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HB114-09 : DENNY NDABEZINHLE MASHENGELE vs JAMES NCUBE
Ruled By: NDOU J

The respondent, instead of dealing with the merits, raised a point in limine to the effect that he knows nothing about the claim as he is neither an agent nor employee of Africa Links Ltd. This is what the respondent states in his opposing affidavit - “3. What I can say is that I suspect is that ...
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HH14-10 : SOBUZA GULA-NDEBELE vs CHINEMBIRI ENERGY BHUNU N.O.
Ruled By: MAKARAU JP

The respondent has been cited in this application in his capacity as Chairperson of that Tribunal.
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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.
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HH45-10 : CHRISTMAS MUSONI vs NABOTH JOKONOKO and SHURUGWI TOWN COUNCIL
Ruled By: CHITAKUNYE J

The plaintiff sued the two defendants claiming basically for his restoration as the registered buyer of House Number 360 Makusha Township, Shurugwi.In his summons and declaration, the plaintiff alleged, that, on 20 August 1981 he entered into a written agreement of sale with Dickson Katerere (“D. Katerere”) in respect of ...
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HH57-10 : AFRICAN CONSOLIDATED RESOURCES PLC and OTHERS vs MINISTER OF MINES AND MINING DEVELOPMENT and SECRETARY FOR MINES AND MINING DEVELOPMENT and CHIEF MINING COMMISSIONER
Ruled By: UCHENA J

The first respondent is the Minister of Mines and Mining Development. The second respondent is the Permanent Secretary in the Ministry of Mines and Mining Development. The third respondent is the Chief Mining Commissioner in the Ministry of Mines and Mining Development.
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HH70-10 : CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs ELSON M JAKAZI and ALEX & WEBB REALITY and THE REGISTRAR OF DEEDS
Ruled By: UCHENA J

The third respondent is the Registrar of Deeds, and was cited in his official capacity as the official responsible for the registration of transfer of title over land in Zimbabwe.
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HH76-10 : ROSEMARY CHINJAYANI vs MINISTER OF HOME AFFAIRS and COMMISSIONER OF POLICE and DETECTIVE INSPECTOR MUKOSI
Ruled By: UCHENA J

The second respondent is the Commissioner General of the Zimbabwe Republic Police, cited in his official capacity as the Head of the Zimbabwe Republic Police.
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HH81-10 : MILRITE FARMING (PRIVATE ) LIMITED vs ENOCK PORUSINGAZI and THE MINISTER OF LANDS AND RURAL RESETTLEMENT and FOUR OTHERS
Ruled By: UCHENA J

The second respondent is the magistrate who convicted, sentenced, and evicted the applicant. The third respondent is the Minister responsible for the acquisition of land, and is the one who offered the farm, from which the applicant was evicted, to the first respondent's son. The fourth to sixth respondents are officials of the Zimbabwe Republic Police being cited in ...
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HH89-10 : NATHAN CHILUFYA vs COMMISSIONER GENERAL OF POLICE and CO MINISTERS OF HOME AFFAIRS and OFFICER IN CHARGE ZRP CHIKURUBI DETENTION BARRACKS and CHIEF SUPT MUTODZA
Ruled By: UCHENA J

The applicant is a Detective Assistant Inspector in the Zimbabwe Republic Police. He was charged and convicted for bringing disrepute to the Zimbabwe Republic Police in contravention of section 35 of the Police Act [Chapter 11:10] (hereinafter called the Police Act).He was sentenced to twelve days imprisonment.The first respondent is ...
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HH113-10 : KUDZANAYI KATSANDE vs RAZMOND KATSANDE (as executor Estate Norman Katsande) and WILFRED MAGWAZA and MASTER OF THE HIGH COURT N.O and CHITUNGWIZA MUNICIPALITY
Ruled By: CHITAKUNYE J

The first respondent is a brother to the late Norman Katsande and he is the executor testamentary of the estate late Norman Katsande….,. The third and fourth respondents are cited in their official capacities.
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HH118-10 : JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED vs WILLIAM WACHENUKA and MINISISTRY OF LANDS, AGRICULTURE AND RESETTLEMENT
Ruled By: GOWORA J

The second respondent is the Minister responsible for Agriculture and Resettlement.
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HH197-10 : ABDULLAH ISMAIL KASSIM (in his capacity as Executor Dative of the Estate of Ralph Simon Lapin) vs MATTHEWS MUKWAWAYA
Ruled By: PATEL J

The plaintiff herein sues in his capacity as the executor dative of the estate of one Ralph Simon Lapin.
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HH212-10 : MAXWELL MUTOKO vs CHARITY MUKURO (In her capacity of executor in the estate late Jayison Mukuro) and THE MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

The second respondent was cited in his official capacity.
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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 second defendant, Gabriel Real Estate, was Eunice Taylor's agent when she leased her property to the plaintiff, and subsequently sold it to Miss Varaidzo Mateko….,. The fourth defendant is Miss Varaidzo Mateko, the eventual purchaser of the property in dispute….,.
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HH275-10 : NOBLE GAPARE vs KAEN W. MOYO and RESIDENT MAGISTRATE, HARARE CIVIL COURTS and MESSENGER OF COURT
Ruled By: MAKONI J

A point was taken, in limine, that the matter is not properly before this court as the other acts complained of were done by magistrates who are not before the court. The various issues complained of by the applicant were dealt with by four different magistrates. Only one magistrate, the Resident Magistrate, is cited. ...
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HH275-10 : NOBLE GAPARE vs KAEN W. MOYO and RESIDENT MAGISTRATE, HARARE CIVIL COURTS and MESSENGER OF COURT
Ruled By: MAKONI J

I might comment, in passing, that in my view, the decision maker should be cited by name in his official capacity. The title of Resident Magistrate is an administrative one. However, one can say there was substantial compliance with Rule 259 in respect of the Resident Magistrate as she can be identified as Mrs Chigumba ...
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HB78-10 : FARAYI B. NYAPOKOTO vs OFFICER COMMANDING BULAWAYO CAMPS SUPERINTENDENT MOYO and OFFICER COMMANDING BULAWAYO PROVINCE SENIOR ASSISTANT COMMISSIONER MUTAMBA and OTHERS
Ruled By: CHEDA J

The brief background of this matter is that the applicant is a Detective Sergeant in the police force while the first respondent is the Officer Commanding Bulawayo Camps. The second respondent is the Officer Commanding, Bulawayo Province, the third respondent is the Commissioner General of Police and the fourth respondents are Co-Ministers of Home Affairs ...
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HH06-13 : THE MESSENGER OF COURT (HARARE) vs TAVENHAVE-MACHINGAUTA LEGAL PRACTITIONERS
Ruled By: MTSHIYA J

Counsel for the respondent submitted that the applicant had cited a wrong party because in 2009 Mr Tavenhave had acted as an employee of Manase and Manase Legal Practitioners. He said the respondent had never at any time assumed agency for the clients involved in the matter. He insisted that Mr Tavenhave had merely assisted ...
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HH51-11 : MARYLOU PALALPAC MORTEN (NEE DACANAY) vs MARLENE DENISE KEMI MORTEN and TONY YOUNG and DANDARO HOME OWNERS ASSOCIATION
Ruled By: MAWADZE J

At the commencement of the hearing, the first, second and third respondents raised points in limine which they submitted if properly considered dispose of the matter without consideration of the merits of the case. Counsel for the respondents basically raised three issues as preliminary points which are: (a) That the application is fatally defective as the ...
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HH51-11 : MARYLOU PALALPAC MORTEN (NEE DACANAY) vs MARLENE DENISE KEMI MORTEN and TONY YOUNG and DANDARO HOME OWNERS ASSOCIATION
Ruled By: MAWADZE J

The second aspect relates to non-compliance with Rule 248(1) which provides:- “Rule 248 Applications involving deceased estates liquidators or trustees (1) In the case of any application in connection with - (a) The estate of a deceased person; or (b) ….,. a copy of the application shall be served on the Master not less than ten days before the set ...
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HH57-11 : ELGATE INVESTMENTS (PVT) LIMITED and OTHERS vs THE MASTER OF HIGH COURT and WESLEY MILITALA and PARROGATE ZIMBABWE (PVT) LTD and OTHERS
Ruled By: MTSHIYA J

2. Whether or not the failure to cite the other parties to the provisional order granted on 1 December 2010 is fatal (i.e Non-Joinder) Supported by counsel for the third respondent, counsel for the second respondent submitted that this application was not properly before the court because it was not filed in terms of section ...
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HH58-13 : NATIONAL CONSTITUTIONAL ASSEMBLY and LOVEMORE MADHUKU vs THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE N.O. and THE CHAIRPERSON / ACTING CHAIRPERSON OF THE ZIMBABWE ELECTION COMMISSION N.O.
Ruled By: CHIWESHE JP

The second applicant is the first applicant's National Chairperson. He deposed to the founding affidavit. He did so on behalf of the first applicant and also on his own behalf in his capacity as an ordinary voter.
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HH59-13 : MARGARET SUMBURERU vs PRISCA CHINAMORA and THE MASTER OF THE HIGH COURT and WILBERT NYAMUPFUKUDZA N.O.
Ruled By: GUVAVA J

The second respondent is the Master of the High Court and is cited in his official capacity. The third respondent is the executor dative of the estate appointed by the second respondent.
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HH71-11 : NIGEL DAMIAN MORRIS vs CHIQUITA MORRIS and MASTER OF HIGH COURT
Ruled By: MAWADZE J

The second respondent is the Master of the High Court of Zimbabwe cited in his official capacity.
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HH71-11 : NIGEL DAMIAN MORRIS vs CHIQUITA MORRIS and MASTER OF HIGH COURT
Ruled By: MAWADZE J

A point was taken in argument by counsel for the first respondent that the applicant should have cited the Estate of the late Nellie Hellen Morris and that for that reason this court should decline to determine the matter. Reliance was placed upon South African authorities in the following cases: Kethel v Keithel Estate 1949 ...
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HH82-11 : ITAYI UDOH (NEE PATINDONGA) vs THE PRINCIPAL CHIEF IMMIGRATION OFFICER and THE CO-MINISTERS OF HOME AFFAIRS
Ruled By: MAVANGIRA J

It is noted that whilst the applicant cited the first respondent as the “Principal Chief Immigration Officer,” opposing papers filed on behalf of the first respondent cite the first respondent as being the “Principal Director of Immigration.” At the hearing, and in answer to the court's question, the respondents' legal practitioner advised that there is no ...
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HH92-11 : MHANYAMI FISHING AND TRANSPORT CO-OPERATIVE SOCIETY LIMITED and OTHERS vs THE DIRECTOR GENERAL PARKS AND WILDLIFE MANAGEMENT AUTHORITY N.O. and PARKS AND WILDLIFE MANAGEMENT AUTHORITY
Ruled By: MAKONI J

POINT 4 – MISCITATION OF THE RESPONDENT The applicants cited the respondents as the Director General, Zimbabwe Parks and Wildlife Management Authority NO and Zimbabwe Parks and Wildlife Management Authority. The proper citation for the first respondent is The Director General, Parks and Wildlife Management Authority and for the second respondent Parks and Wildlife Management Authority. When the respondents ...
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HH146-11 : LEO ELECTRICAL (PRIVATE) LIMITED vs ROSEMARY NYAHUYE N.O. [in her capacity as Executrix dative of the Estate of the late Farai Benjamin Njiwah]
Ruled By: CHITAKUNYE J

The respondent is cited in her official capacity as the executrix of the Estate of the late Farai Benjamin Njiwah, of 10 Cotswold Way Cotswold Hill, Harare.
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HH344-13 : JAMILA OMAR vs SHABIR OMAR
Ruled By: DUBE J

The respondent raised a preliminary issue which he requested the court to determine. He contends that this application is improperly before the court. The respondent submitted that the application is a nullity on the basis of non-compliance with the Rules of the Court. He asserts that in proceedings of this nature, the Registrar of ...
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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

The first defendant, Oliver Masomera, testified in his capacity as the new executor of the estate of the late Cecilia Gunda….,. The fourth and fifth defendants are cited in their respective official capacities.
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HH87-14 : MUTUMWA MAWERE and SMM HOLDINGS LTD and THZ HOLDINGS LTD and AFRICA RESOURCES LTD vs MINISTER OF MINES AND MINING DEVELOPMENT and ZIMBABWE MINING DEVELOPMENT CORP and AFARAS GWARADZIMBA
Ruled By: MANGOTA J

The respondents' fifth preliminary matter centred on the issue of non-joinder and mis-joinder. It was, and is, the respondents' contention that the Reconstruction of State Indebted Insolvent Companies Act [Chapter 24:27], upon which the current application is based, was assigned to the Minister of Justice, Legal and Parliamentary Affairs and not to the first respondent. They, ...
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HH184-14 : FATIMA MAGEDI and KENNEDY SAMURIWO vs RURAMAI SAMURIWO and YVONNE SAMURIWO and TINASHE SAMURIWO and A.CHITAUNHIKE (as executor testamentary) NO and THE MASTER OF THE HIGH COURT NO
Ruled By: MAWADZE J

The fourth and fifth respondents are cited in their respective official capacities.
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HH184-14 : FATIMA MAGEDI and KENNEDY SAMURIWO vs RURAMAI SAMURIWO and YVONNE SAMURIWO and TINASHE SAMURIWO and A.CHITAUNHIKE (as executor testamentary) NO and THE MASTER OF THE HIGH COURT NO
Ruled By: MAWADZE J

The first, second and third respondents took two points in limine which I intend to dispose of first. The first point in limine was that the application should be dismissed on the basis of the non-joinder of the estate of the late Samuriwo itself which has a substantial interest in the matter. Counsel for the first, second and ...
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HH212-14 : SUSAN TAURAI MAPUNDE DUBE NO (In her capacity as the Executrix Dative Estate Late Daniel Dube) vs ROBERT MATOKA and THE REGISTRAR OF DEEDS and THE MASTER OF THE HIGH COURT
Ruled By: MAWADZE J

The second respondent, the Registrar of Deeds and the third respondent, the Master of the High Court, are cited in their official capacities.
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HH286-14 : TARISAI CHIKUWE and PATRICK CHIKUWE and OTHERS vs ABIGAIL MAGUNA and GENERATIONS EXECUTOR SERVICES (NO) and MASTER OF THE HIGH COURT and DIRECTOR OF HOUSING AND COMMUNITY SERVICES
Ruled By: CHITAKUNYE J

The third and fourth respondents were cited in their official capacity for purposes of enforcing the court order sought.
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