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Citation and Joinder re: Substitution of a Party and Change of Status of a Litigant

HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
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Appealed
HH211-10 : VIRGINIA CHIKADAYA [in her capacity as The Executrix Dative of Cyril Chikadaya] vs CLADIOS CHENGA and ZAKEYO CHIKADAYA and BEAUTY MPOFU and REGISTRAR OF DEEDS
Ruled By: KUDYA J

On 24 March 2009, the first defendant consented to the substitution of the plaintiff for her husband who died after litis contestatio.
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HH14-09 : TENDAI MUZA vs CHRISTINA MUWIRIMI and FATIMA MURWISI and MUNICIPALITY OF CHITUNGWIZA
Ruled By: MTSHIYA J

In these proceedings the first defendant, who is late, is represented by Herbert Muwirimi, the executor of her estate.
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HH152-09 : PATRONELLA CHARUMBIRA In her capacity as the executrix dative of the estate of the late Adben Benjamin vs HUDSON MUSASA and REGISTRAR OF DEEDS and ASSISTANT MASTER
Ruled By: MUSAKWA J

I will dispose of the issue of the applicant's locus standi...,. The applicant filed notice of her substitution in place of her deceased husband on 23 February 2009. Counsel for the applicant submitted that although Notice of Substitution was served on the first respondent late, that does not affect the matter. I understood this argument to have been ...
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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

On 13 March 1984, the plaintiff and the late Jackson Jekera entered into an Agreement of Sale of an immovable property namely, Stand No.13451- Unit 'N' Seke. The Agreement was reduced to writing. In terms of the Agreement of Sale, the late Jackson Jekera sold his rights in the said property to the plaintiff ...
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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 plaintiff, Zenus Banda,…., was the first defendant's tenant for many years before she decided to sell the property, Number 5, 7th Avenue Parktown, Waterfalls, Harare….,. Eunice Taylor, the first defendant, was the plaintiff's landlord from 1 July 1997 to the time she sold the property to the fourth defendant, Miss Varaidzo Mateko….,. Eunice Taylor died ...
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HH268-10 : TOTAL ZIMBABWE (PRIVATE) LIMITED vs APPRECIATIVE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

Mobil Oil Zimbabwe (Pvt) Ltd was acquired by the plaintiff in 2006. The plaintiff thus assumed the rights and obligations of Mobil Oil Zimbabwe (Pvt) Ltd including those pertaining to the lease agreement with the defendant.
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HB124-10 : ESTATE LATE ROSE DZIRUNI vs ENOCK DHLIWAYO
Ruled By: MATHONSI J

In order to expedite the matter, although no application has been made for the substitution of the executor as Applicant in case number HC4028/04, I consider it necessary to substitute the executor as Applicant….,. 1. …,. 2. The executor of the estate late Rose Dziruni AKA Rose Tshandavu Dziruni, namely Obvious Dziruni, be and is hereby substituted ...
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HH46-13 : S. MAKONYERE vs ALFRED MUCHINI and THE SHERIFF and THE MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

At the commencement of the proceedings, the applicant's counsel applied to substitute the applicant so that it becomes Chantelle Adams who has been appointed as the new executor of the estate. The amendment was admitted by consent.
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HH48-13 : MELINA MATSHIYA (In her capacity as Executrix testamentary for Estate late ETTORE FUMIA) vs GEORGE FUMIA and ELLEN FUMIA and FALCON HAULIERS (PRIVATE) LIMITED
Ruled By: MAWADZE J

At the time this application for rescission of default judgment was filed, on 11 October 2011, Isabel Fumia represented the applicant Ettore Pietro Fumia in her capacity as the curator ad litem for Ettore Pietro Fumia. Isabel Fumia had been so appointed on 6 October 2011 as the now deceased Ettore Pietro Fumia was indisposed ...
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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

When the plaintiff instituted this action, the first defendant was one Susan Zvinoira N.O. but she passed on before the trial commenced. The late Susan Zvinoira was being cited in her official capacity as the executrix of the estate of the late Cecilia Gunda. A new Executor, Oliver Masomera, was subsequently duly appointed, with ...
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HB145-11 : REBECCA MBEDZI vs MUVHUSO MBEDZI and THE DISTRICT ADMINISTRATOR, BEITBRIDGE and THE MINISTER OF LOCAL GOVERNMENT, URBAN PLANNING AND DEVELOPMENT
Ruled By: MATHONSI J

This dispute first came before this court as a court application filed by the applicant's sister, Kelina Chisale (nee Mbedzi), under case number HC2424/08. Following the death of Kelina Chisale (nee Mbedzi) the other sister, Anna Mbedzi, was substituted as applicant in that matter as the applicant, though the eldest in her family, was ...
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Appealed
HH583-15 : ZIMBABWE ALLIED BANK LIMITED vs CALEB DENGU and WILSON TENDAI NYABANDA
Ruled By: MUREMBA J

Before the matter was set down for trial…, the plaintiff was placed in liquidation….,. With the plaintiff's change of status, the plaintiff's legal practitioners filed a Notice of Change of Status…, in terms of Rule 85A(1) of the rules of this court. The notice states that the plaintiff's citation shall be the ALLIED BANK LIMITED (in liquidation)….,. The defendants legal ...
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HB105-14 : MARIA MANOLAKAKIS vs ESTATE LATE DR. JOHN MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

Validity of Claim and parties to the action Before dealing with the merits of the plaintiff's claim, it is necessary to determine whether the claims brought by the plaintiff are valid and are properly before the court. The court must also make a determination as to whether the defendants were in default. The original plaintiff, Maria Manolakakis, passed ...
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SC51-16 : ZESA TECHNICAL EMPLOYEES ASSOCIATION vs ZESA HOLDINGS (PRIVATE) LIMITED
Ruled By: MALABA DCJ

Counsel for the applicant claimed that the rights and obligations of the former trade union, ZESA Technical Employees Association, has been taken over by the new trade union, National Energy Workers Union. The question which then arises is whether the new trade union, if it has legally acquired those rights and obligations, can ...
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SC18-18 : SHORAI NZARA and AAROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN vs CECILIA KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

Dzingai Kashumba died on 30 April 2007. Cecilia Kashumba, his surviving spouse, was appointed executrix dative of his estate, substituting him as the first respondent.
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HH168-15 : ARAFAS MTAUSI GWARADZIMBA vs AKA JULIE PANAGIOTA MERCURI N.O. and THE MASTER OF THE HIGH COURT N.O.
Ruled By: MWAYERA J

In this application, the applicant sought to amend the name of the plaintiff in case number HC13277/12 so as to read Margaret Chivimbiso Mwamuka and not Arafas Mtausi Gwaradzimba N.O. The first respondent is opposed to the application. The brief background of the matter is that the applicant issued summons in HC13277/12 in his official capacity as executor ...
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HH385-13 : WEBSTER RUSHESHA (guardian of Panashe and Tivonge Rushesha) and RASAR INV PL vs ALEXIOUS DERA and ZIMCOR TRUSTEES LTD and FRANK BUYANGA and BOKA INV PL and MATTHEW BOKA and ANOR
Ruled By: ZHOU J

When the trial commenced, Panashe Ralph Rushesha, had attained majority age, and was, by consent, substituted as the third plaintiff.
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SC26-19 : MWAMI MULIZI SIAMSIPA N.O. vs KUNGANDA FARM (PRIVATE) LIMITED
Ruled By: PATEL JA, BHUNU JA and BERE JA

After the application was instituted, the deceased passed away and was subsequently represented by the executor of his estate, i.e. the appellant herein.
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Appealed
SC43-19 : AFRASIA BANK ZIMBABWE LIMITED (IN LIQUDATION) vs THE RIGHT INVESTMENTS (PVT) LTD and OPIUM INVESTMENTS (PVT) LTD and PHILLIPA COUMBIS
Ruled By: GWAUNZA JA, GARWE JA and MAVANGIRA JA

After the commencement of litigation, Kingdom Bank Limited was taken over, and substituted as the appellant, by Afrasia Bank Limited…,.
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HH273-16 : KINGDOM BANK LIMITED vs THE RIGHT INVESTMENTS (PVT) LTD and OPIUM INVESTMENTS (PVT) LTD and PHILLIPA COUMBIS
Ruled By: CHAREWA J

The plaintiff…, was subsequently taken over by Afrasia Bank Limited which has, after the commencement of this litigation, also since gone into liquidation. A notice of substitution in these proceedings was filed for Afrasia Bank Limited (in liquidation)….,. A Notice of Substitution merely goes to show the change in the status of the company: that it is ...
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HH396-18 : NELSON MAUREDE AND 16 OTHERS vs TREGER PRODUCTS (PVT) LTD
Ruled By: MANGOTA J

I dealt with this application on 19 February 2018. I delivered an ex tempore judgment in which I dismissed it with costs.On 8 May 2018 the applicant addressed a letter to the High Court Registrar. It did so through its current legal practitioners. It requested for reasons for my decision. ...
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SC103-20 : VERITAS and FIRINNE TRUST ALSO KNOWN AS VERITAS vs ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

The first appellant, Firinne Trust, is a trust incorporated as such by Deed of Trust under the laws of Zimbabwe and registered with the Registrar of Deeds. It trades as Veritas, which is the second appellant herein.The first respondent, is the Zimbabwe Electoral Commission (ZEC), established in terms of section ...
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HH33-12 : BRIAN JUSTICE ENTERPRISES PL vs H.E.R. (PVT) LTD and NITSA OLYMPIOS and PARIS OLYMPIOS and CHRISTOS VENTURAS and REGISTRAR OF DEEDS
Ruled By: HUNGWE J

This matter was placed before me through the Chamber Book on 25 January 2012.After I perused the papers, I directed that the matter be set down for hearing the next day.On this day, the parties addressed me on the issue of urgency. I found the matter to be urgent and ...
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SC46-17 : ANDREW MAGARASADZA and 34 OTHERS vs FREDA REBECCA GOLD MINE HOLDINGS LTD t/a FREDA REBECCA GOLD MINE and ASSOCIATED MINE WORKERS UNION OF ZIMBABWE
Ruled By: MAVANGIRA JA

In chambers in terms of Rule 5 of the Rules of the Supreme Court, 1964.For the sake of completeness, the following observation is noted:Despite being served with all the relevant papers, the second respondent did not file any papers in response to this application. It was therefore barred. It also ...
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SC145-21 : SARAH CARTER vs KATHLEEN MACINTOSH (Represented by Edward Warhurst, Executor of Estate Late Kathleen McIntosh) and ANOTHER
Ruled By: MAVANGIRA JA, BHUNU JA and CHATUKUTA AJA

During happier times, the first respondent leased her bird and game sanctuary to the appellant.Upon termination of the lease, the appellant lost the contest for ownership and possession of animals at the sanctuary in the High Court (the court a quo).She now appeals to this Court for relief.FACTUAL BACKGROUNDAt the ...
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