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Locus Standi re: Legal Status of Litigants, Voluntary or Un-incorporated Associations & the Principle of Legal Persona

HH81-09 : SAFARI OPERATORS ASSOCIATION OF ZIMBABWE vs ZIMBABWE TOURISM AUTHORITY and MINISTER OF ENVIRONMENT AND TOURISM and COMMISSIONER GENERAL OF POLICE
Ruled By: PATEL J

The applicant herein is an association that comprises licensed tour and safari operators and represents their interests. The first respondent is the Zimbabwe Tourism Authority (the Authority) which is established under the Tourism Act [Chapter 14:20] and is primarily responsible for administering that Act.Towards the end of 2007, the Zimbabwe ...
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SC16-12 : CT BOLTS (PVT) LTD vs WORKERS COMMITTEE
Ruled By: GARWE JA, OMERJEE AJA and GOWORA AJA

This is an appeal against the decision of the Labour Court remitting the matter to an arbitrator for the determination of the salary increment to be awarded to employees of the applicant. At the hearing of this matter, it appeared to this Court that the respondent, simply cited as “Workers Committee”, was not a legal persona ...
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HHH106-12 : THE STATE vs LOVEMORE KUROTWI and DOMINIC MUBAIWA
Ruled By: BHUNU J

Both accused persons are charged with fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. They are alleged to have, on various occasions, during the period extending from 29 March 2009 to 14 August 2009, defrauded the Government of Zimbabwe of two billion ...
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HH39-09 : WARREN PARK TRUST vs ANTHONY PAHWARINGIRA and NTOMBIZODWA PAHWARINGIRA and DAVY MUTINGWENDE and CHIPO MUTINGWENDE and SALTANA ENTERPRISES PL
Ruled By: BHUNU J

The applicant is a Trust duly registered in terms of the laws of this country...,.
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HH69-09 : CHRISTIAN FAITH TABERNACLE vs SPARROWS NEST MINISTRIES
Ruled By: PATEL J

The defendant sought absolution from the instance on the.ground that the plaintiff lacked the requisite locus standi to sue in this matter. The defendant contends that the plaintiff has no valid constitution and is therefore not a common law universitas. Additionally, it is contended that even if a valid constitution does exist, it does not ...
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HH69-09 : CHRISTIAN FAITH TABERNACLE vs SPARROWS NEST MINISTRIES
Ruled By: PATEL J

Turning to the Constitution of the plaintiff, Articles I, V and VII, as read together, show that the membership of the plaintiff is open to all persons who meet the prescribed spiritual qualifications and that the composition of its executive body, the Board of Directors, is subject to change under specified circumstances. This clearly demonstrates ...
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HH21-09 : MASHONALAND TURF CLUB vs MICHELLE NYAMANGUNDA
Ruled By: MTSHIYA J

This is an action for the eviction of the defendant and all those claiming occupation through her from the plaintiff's premises situate at the Borrowdale Park Race Course, Harare.It is common cause that on 23 April 2007 the plaintiff entered into a lease agreement with a company called Lunar Graphics ...
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HH26-08 : MOVEMENT FOR DEMOCRATIC CHANGE vs TIMOTHY MUBHAWU
Ruled By: HUNGWE J

The applicant is a registered political formation in terms of the laws of Zimbabwe.
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HH166-09 : THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE vs THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA
Ruled By: HLATSHWAYO J

The fourth preliminary point of law that was raised pertaining to both matters was that of the locus standi of the applicants. Locus Standi The applicants locus standi is challenged on the basis that they left the Church of the Province of Central Africa, formed a Province of their own called the Province of Zimbabwe, and were ...
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HB27-09 : ZIMBABWE NATIONAL STUDENTS UNION and NUST STUDENTS' REPRESENTATIVE COUNCIL vs NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and MINISTER OF HIGHER EDUCATION
Ruled By: NDOU J

Before I deal with the merits of the application, I have to determine the points in limine raised by the first respondent in turn. Locus Standi of the Applicants As far as the first applicant is concerned, it is alleged that it is not a legal entity and cannot, therefore, sue. Further, it is alleged that ...
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HH59-10 : INTERCONTINENTAL HOLDINGS (PVT) LTD vs VERONICA NECHITIMA AND TEN MWANZA AND FOUR OTHERS
Ruled By: MTSHIYA J

The applicant also raised, as a point in limine, the issue of the notice of opposition filed by Mr.A.Windimani-who is not a legal practitioner. It was submitted the said Mr.A.Windimani, being not a legal practitioner, could not purport to represent any of the respondents. I agreed with that submission. When Mr.A.Windimani attempted to address me in this court, he ...
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HH91-10 : REVEREND R. J. SIBANDA and APOSTOLIC FAITH CHURCH vs MAGISTRATE RODNEY MZYECE N. O. and NCN MATIZA and K. BOSHA and O. GUMBO and THREE OTHERS
Ruled By: KARWI J

Onius Gumbo added that Todd Phiri was not acting in terms of a special resolution of the Board of the second respondent - and none was attached to his papers. He was certain of this as he is the interim Chairman of the second respondent's Board. I observed that throughout the applicant's papers, the second ...
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HH105-10 : THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA vs THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE
Ruled By: MAVANGIRA J

The first of the next three preliminary points raised..., was that the deponent to the applicant's founding affidavit had no locus standi to depose to the affidavit as the deponent was not appointed to the position of Diocesan Registrar by the Bishop of the Diocese of Harare. Furthermore, that even if he was the Diocesan ...
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HH108-10 : INYANGA DOWNS ORCHARDS vs EDWARD BUWU
Ruled By: MUSAKWA J

At the hearing of this application, counsel for the respondent raised some points in limine. The first point raised by counsel for the respondent is that there is no application before the court. The submission was that for a party to litigate it must have some legal status, either as a natural person or as a ...
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HH116-10 : DEBORAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: MAVANGIRA J

In his written submissions, the defendant's legal practitioner made reference to HC4977/09. I have had sight of the file. It is an urgent chamber application which was filed on 16 October 2009 by Elena Gloria Koumides, and in which she sought to be joined as second applicant in the instant divorce action. A notice of ...
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SC59-13 : GWERU WATER WORKER'S COMMITTEE vs CITY OF GWERU
Ruled By: ZIYAMBI JA

In chambers in terms of Rule 5 of the Supreme Court Rules. The applicant seeks an order granting it leave to appeal against a judgment of the Labour Court as well as condonation of its failure to note an appeal on time, and an extension of time within which to note the appeal. The ...
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HH267-10 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and TOGAREPI CHIMBARANGA and ARTMORE DEMBEZEKE and OTHERS
Ruled By: UCHENA J

Validity of the resolution to evict and plaintiff's locus standi. As already stated, the Deed of Trust provides for five year terms of office for its trustees. If a trustee exceeds his term of office he cannot make valid decisions for the Trust. It is common cause, that Mr Chikwanha, who was a trustee and Chairman for ...
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HH21-11 : CHRIST EMBASSY ZIMBABWE vs CHIDZIVA INVESTMENTS (PVT) LTD
Ruled By: CHATUKUTA J

Further, it is common cause that an application for rescission of judgment had been filed earlier, on 2 November 2009, in case no. HC5351/09, purportedly on behalf of the applicant, by Stowell Mupanguri. The respondent opposed the application. However, it is worthy to note that there is no mention of that application in the pleadings filed by ...
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HH37-13 : CHAMPION CONSTRUCTORS (PVT) LTD vs MILTON GARDENS ASSOCIATION and THE CITY OF HARARE and THE DIRECTOR OF URBAN PLANNING SERVICES and DIRECTOR OF WATER SERVICES and ANOTHER
Ruled By: MATHONSI J

Counsel for the applicant objected to the opposing affidavit of Syril Mupanguri, the current Chairman of the first respondent, on the basis that it is not apparent from the papers that he has authority to represent the first respondent in terms of its Constitution.
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HH140-11 : 59 BENEFICIARIES OF VALLEY LANE HOUSING SCHEME vs HARARE MUNICIPAL WORKERS UNION and CITY OF HARARE and OTHERS
Ruled By: MTSHIYA J

In the notice filed by the second to fifth respondents, the following points in limine were raised: “POINTS IN LIMINE 1. The 59 beneficiaries of Valley Lane Housing Scheme are not a legal entity. There is nothing to show that there is a legal entity by this name. This makes the application fatally defective. 2. There ...
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HH351-13 : SOVEREIGN EMPOWERMENT CENTRE and HACHIM KITCHENS PL and KINGDOM EMBASSY ZIM and STUARTSON INVESTMENTS PL vs OLD MUTUAL INVESTMENT GROUP PROPERTY INVESTMENT ZIM PL and THE SHERIFF (N.O.)
Ruled By: MANGOTA J

The first respondent…, raised the issue of alleged lack of locus standi against the third applicant. The court observed that the deponent to the third applicant's application produced a resolution which the Church prepared clothing him with the authority to depose to the affidavit for, and on behalf of, the Church. The deponent is a ...
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HB10-13 : WESTGATE RESIDENTS ASSOCIATION vs NATIONAL RAILWAYS OF ZIMBABWE and L. H. JIYANE
Ruled By: NDOU J

The respondents have raised a preliminary point on the legal standing of the applicant. It raised an issue that the applicant is not a body capable of suing and being sued. The applicant purported to correct this defect by belatedly filing what it terms a Constitution in its answering affidavit. The said Constitution is skimpy and ...
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HH338-14 : MAFIRAMBUDZI FAMILY TRUST vs LIBERTY MADZINGIRA and PANNAH NHIWATIWA and THE REGISTRAR OF DEEDS N.O. and THE SHERIFF
Ruled By: TAKUVA J

Both parties…, filed heads of argument. For the first time, the respondents raised, in their heads of argument, the issue of Brian Mafirambudzi's locus standi. The issue was raised in the following fashion; “There is nothing in the whole application to show that the deponent to the purported applicant's founding affidavit is clothed with authority to represent ...
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Appealed
SC24-15 : THE TRUSTEES OF THE LEONARD CHESHIRE HOMES ZIMBABWE CENTRAL TRUST vs ROBERT CHIITE and SEVEN OTHERS
Ruled By: MALABA DCJ, GARWE JA and MAVANGIRA AJA

Counsel for the respondents sought to impugn the validity of the proceedings in the court a quo on the ground that each Trustee was not named as plaintiff in the document commencing proceedings. On the issue of the failure to cite as plaintiff, each Trustee by name in the document commencing the proceedings, Counsel ...
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SC25-15 : GWERU WATER WORKERS' COMMITTEE vs CITY OF GWERU
Ruled By: MALABA DCJ, GARWE JA and HLATSHWAYO JA

A Workers Committee is defined, in section 2 of the Labour Act, to mean a Workers Committee appointed or elected in terms of Part VI. The formation of a workers committee in terms of the Labour Act is provided for under section 23. Its functions are provided for under section 24. Section 23 of ...
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SC51-16 : ZESA TECHNICAL EMPLOYEES ASSOCIATION vs ZESA HOLDINGS (PRIVATE) LIMITED
Ruled By: MALABA DCJ

The inquiry, in this case, goes to the issue of what happens to the proceedings instituted by a non-existing entity. It is trite that where a non-existing entity institutes proceedings, the proceedings are a nullity because there would be no applicant or plaintiff as the case may be. In the case of Stewart Scott Kennedy ...
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HMA31-17 : CHAMU MINING SYNDICATE vs SIBONGILE MPINDIWA N.O. and CHAMWANDOITA SYNDICATE
Ruled By: MAFUSIRE J

The applicant described itself as a body corporate/universitas. But no incorporation document was produced. The mere coming together of a group of people, or gang, for some commercial purpose such as mining, does not automatically transform it into a body corporate.
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HH402-15 : NYASHA ZHOU and PATRICIA ZHOU and GIFT SHOKO and NYATRISH PROPERTY INVESTMENTS PL and SINCIA INVESTMENTS PL vs THE TRUSTEE OF TOMORROW TODAY YESTERDAY TRUST and SHERIFF FOR ZIMBABWE
Ruled By: MATHONSI J

In any event, it is trite that a Trust is not a juristic person. See HONORE's South African Law of Trusts, ed 5…,. Clearly, therefore, it being composed of natural persons and not having corporate personality, it cannot appear as a party to an action. I associate myself fully with the sentiments of SMITH J in WLSA Ors ...
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HH458-15 : THE EVANGELICAL CHURCH OF ZIMBABWE vs REVEREND DOCTOR ISAAC SODA
Ruled By: MATHONSI J

The starting point is to state that the relationship between the parties, who are members of an association like a church or a social club, is contractual. They are governed and bound by the rules and regulations of the association: Constantinides v Jockey Club of South Africa 1954 (3) SA 35 (C) 44C. The interests and rights ...
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Appealed
SC49-18 : RICHARD SIBANDA and JONAH MUDONDO and L. D. MATEZA vs THE APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) INC.
Ruled By: GOWORA JA, HLATSHWAYO JA and UCHENA AJA

Whether the respondent had the requisite locus standi to sue? The appellants contend that the respondent did not have the requisite locus standi to bring the application before the court a quo. The appellants point to Article VII of the respondent's Constitution as the basis of the argument against the respondent's locus standi in the court a ...
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HH463-15 : APOSTOLIC FAITH MISSION OF PORTLAND OREGON (SOUTHERN AFRICAN HQ) vs REV. RICHARD SIBANDA and JONAH MUNONDO and REV. L.D MATEZA and JULIUS T MATOPE
Ruled By: DUBE J

The applicant has a separate legal existence with capacity to sue and be sued. It can bring these proceedings.
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HB169-16 : THE SHERIFF OF THE HIGH COURT OF ZIMBABWE vs DEVELOPMENT TRUST OF INSIZA and ZIMBABWE ASSOCIATION OF DAIRY FARMERS
Ruled By: TAKUVA J

Our law is clear on the fact that a trust has no juristic persona – see John Conrad Trust v The Federation of Kushanda Pre-school Trust Ors HH503-15 wherein the court said; Even if am wrong in that finding, the plaintiff's claim will still suffer the consequences of suing as a trust. The plaintiff ...
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HH503-15 : JOHN CONRAD TRUST vs THE FEDERATION OF KUSHANDA PRE-SCHOOLS TRUST and MUNICIPALITY OF MARONDERA and UNITED METHODIST CHURCH MARONDERA and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

Even if I am wrong..., the plaintiff's claim will still suffer the consequences of suing as a trust. The plaintiff, being a trust, is not a corporate body and therefore cannot appear as a party. In WLSA Ors v Mandaza Ors 2003 (1) ZLR 500 (H)..., SMITH J quoted with approval the pronouncement of ...
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HH356-14 : CLEMENT RUZENGWE N.O. (as Trustee and Chairman of the Vitalis Zvinavashe Trust) and SHINGAI MUTUMBWA N.O. (as Trustee) and MARGARET MUTAMBA ZVINAVASHE N.O. (as Trustee) vs RICHARD ZVINAVASHE
Ruled By: CHITAKUNYE J

In 'The South African Law of Trusts' by T. HONORE, 2nd edition 1976' the learned author…, states that:- “The general principle is that a person who is de facto administering a Trust as trustee has locus standi in any matter relating to the trust; so has a person who claims to be the rightful trustee and seeks confirmation ...
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HH217-17 : NAISON SEKERAMAYI and OTHERS vs MASTER OF HIGH COURT and PROVINCIAL MAGISTRATE, HARARE and EASTER DZWOWA and YARADZO MUNANGATI MANONGWA (Executrix Dative in Estate Lovemore Sekeramayi)
Ruled By: ZHOU J

The fifth respondent…, proceeded to register the same estate of the deceased in the Magistrates Court under DRH1009/14….,. What is apparent is that the matter ended up before a Magistrate, B. Pabwe, on 1 October 2014. The parties in that matter are stated as “Estate Late” being the applicant and “Lovemore Chipunza Sekeramayi” as the respondent. It is difficult ...
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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

The respondent argued that the applicant has no locus standi to bring the application before the court….,. It is not in dispute that without a plaintiff there can be no claim. In other words, a claim of a non-existing person is null and void as far as institution of the claim is concerned. The same reasoning ...
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CC01-19 : ZIMBABWE LAW OFFICERS ASSOCIATION and DERECK CHARAMBA vs NATIONAL PROSECUTING AUTHORITY and PROSECUTOR GENERAL N.O. and MINISTER OF JUSTICE N.O. and COMMISSIONER GENERAL OF POLICE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

The first applicant is Zimbabwe Law Officers Association, an unincorporated voluntary organization, governed by its constitution (hereinafter referred to as the Association). The Association represents the interests of public prosecutors in Zimbabwe. The Association is represented, in the application, by its Secretary General, Derek Charamba, who is a Public Prosecutor. He is also the second applicant.
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HH475-18 : ETHEL TSITSI MPEZENI vs ZIMBABWE ELECTORAL COMMISSION and OTHERS
Ruled By: ZHOU J

The applicant objected to the locus standi of the ninth respondent (Movement for Democratic Change Alliance) on the ground that it is not a juristic persona. Counsel for the applicant submitted that the ninth respondent is a coalition of political parties each with a distinct personality. He pointed to the fact that the eleventh respondent (the People's Democratic Party) which ...
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SC17-12 : PHARAOH B MUSKWE vs DOUGLAS NYAJINA and MUNHUWEI G T and MINISTER OF LOCAL GOVERNMENT NATIONAL HOUSING AND URBAN DEVELOPMENT
Ruled By: ZIYAMBI JA, GARWE JA, and OMERJEE AJA

The hearing of this matter was postponed in order to determine a point in limine belatedly taken by counsel for the respondent at the onset of the hearing. It was that in the proceedings before the court a quo the appellant purported to act as plaintiff not in his personal capacity but as the representative of a ...
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HMA36-18 : AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE vs OBERT MASARAURE and ZIMBABWE AFRICAN NATIONAL UNION [PATRIOTIC FRONT] and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MAFUSIRE J

The first applicant is a trade union of primary and secondary school teachers in rural Zimbabwe. It is duly registered. It has corporate personality, capable of suing and being sued in its own name.
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HH353-14 : ZIMBABWE LAWYERS FOR HUMAN RIGHTS vs MINISTER OF TRANSPORT N.O. and ZIMBABWE NATIONAL ROAD ADMINISTRATION and ATTORNEY – GENERAL OF ZIMBABWE N.O.
Ruled By: MAFUSIRE J

The applicant is a not for profit human rights organisation duly established in terms of its Constitution and capable of suing and being sued. Its core object is the fostering of a culture of human rights in Zimbabwe through the observance of the rule of law. Its members are legal practitioners and law students.
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HH480-18 : MILMATH SECURITY PL vs TABATANA MINING SYNDICATE and PAUL CHENJERAI and ISAAC JIRI and EARTHROW INVESTMENTS PL and PROSPER MACHEKERA and ORS
Ruled By: MANGOTA J

The second to the thirteenth respondents are a syndicate which is known as Tabatana Mining Syndicate, the first respondent in casu.
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HH430-12 : ZIMSEC EMPLOYEES vs ZIMSEC
Ruled By: KUDYA J

This matter raises issues that have been canvassed in such cases as Benson Samudzimu v Dairibord Holdings (Pvt) Ltd HH204-10; Sibangilizwe Dhlodhlo v Deputy Sheriff of Marondera Ors HH76-11; Ericson Mvududu v Agricultural and Development Authority HH286-11; and Gaylord Baudi v Kenmark Builders (Pvt) Ltd HH04-12.In the present ...
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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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Appealed
SC56-20 : MOVEMENT FOR DEMOCRATIC CHANGE and NELSON CHAMISA and MORGAN KOMICHI vs ELIAS MASHAVIRA and ELIAS MUDZURI and THOKOZANI KHUPE and DOUGLAS MWONZORA
Ruled By: GARWE JA, PATEL JA and GUVAVA JA

The first appellant is the Movement for Democratic Change, a political party which has capacity to sue and be sued in its own name (“the Party”).
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

This is an appeal against the judgment of the High Court dismissing an application by the appellants for a declaratory order and consequential relief pertaining to various fundamental rights, in particular, the right of children to shelter.The application was dismissed with no order as to costs.The first appellant is an ...
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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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CC04-20 : INNOCENT GONESE and JESSIE MAJOME vs PARLIAMENT OF ZIMBABWE and SPEAKER OF THE NATIONAL ASSEMBLY and PRESIDENT OF THE SENATE and EMMERSON MNANGAGWA N.O. and PRESIDENT OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and BHUNU JCC

The two applicants are Members of Parliament. They brought two separate applications in terms of section 167(2)(d) of the Constitution of Zimbabwe Amendment (No.20) 2013 (“the Constitution”), as read with Rule 27 of the Constitutional Court Rules.They alleged failure by Parliament to fulfil the constitutional obligation to act in accordance ...
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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 ...