Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Practicing Certificates and Right of Audience before Courts re: Approach, State Functionaries and Judicial Interference

HB06-12 : KAISER ENGINEERING (PVT) LTD vs MAKEH ENTERPRISES (PVT) LTD
Ruled By: NDOU J

There is a long history of litigation between the parties as evinced by the cross-references cited…,. The history can be summarized as follows. The parties' relationship stems from a lease agreement originally signed between the applicant and a company called Endurite (Pvt) Ltd. The respondent bought the property, the occupancy of which is at the centre of ...
More

HH24-10 : SAHAWI INTERNATIONAL (PTY) LIMITED and YAKUB IBRAHIM MAHOMED vs JOHN ARNOLD BREDENKAMP and BRECO INTERNATIONAL (PRIVATE) LIMITED
Ruled By: MAKARAU JP

This then brings me to the next issue raised by the plaintiffs'. It appears trite to me that a registered legal practitioner to whom the Law Society has issued a practicing certificate enjoys the right of audience in our courts until the practicing certificate lapses by effluxion of time, is lawfully withdrawn, or is set aside ...
More

HH112-10 : CENTRAL AFRICAN BUILDING CONSTRUCTION COMPANY (PVT) LIMITED vs CONSTRUCTION RESOURCES AFRICA (PVT) LIMITED
Ruled By: GOWORA J

In Bozimo Development Co. (Pvt) Ltd v First Merchant Bank of Zimbabwe Ors 2000 (1) ZLR 1 CHATIKOBO J, in considering an objection to the appearance as counsel in the matter before him by a Chairman of the applicant opined that due to the relationship of the legal practitioner of ...
More

Appealed
SC47-13 : ALFRED MUCHINI vs ELIZABETH ADAMS and SHEPHERD MAKONYERE N.O. and ESTATE LATE ALVIN ADAMS and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

At the end of the hearing we dismissed the appeal with costs. The following are our reasons for so doing.The subject of the dispute between the parties is an immovable property known as Plot Number 13 Glynham, Masvingo (“the property”). It formed part of the estate of the late Alvin ...
More

HH280-10 : CORE MINING AND MINERALS RESOURCES (PVT) LTD vs THE ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES (PVT) LTD and OTHERS
Ruled By: MAVANGIRA J

This is an urgent chamber application in which the applicant's legal practitioner raised a preliminary point which needs to be determined before the Court can proceed to hear the preliminary points that the respondents raise. Counsel for the applicant submitted that Mr Mutamangira should not appear in these proceedings as a legal practitioner for the first ...
More

HH280-10 : CORE MINING AND MINERALS RESOURCES (PVT) LTD vs THE ZIMBABWE MINING DEVELOPMENT CORPORATION and MARANGE RESOURCES (PVT) LTD and OTHERS
Ruled By: MAVANGIRA J

It was further submitted that Mr Mutamangira and/or his firm cannot properly represent the fifth respondent as he is being sued in his official capacity and should thus be represented only by the Attorney-General as the principal legal advisor to the Government. Mr Mutamangira also submitted that had counsel for the applicant sought clarification before raising the ...
More

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

1. Whether or not the representation of the first applicant by Messrs Nhemwa and Associates when they had previously represented David Whitehead Textiles Limited created a conflict of interest capable of disqualifying the said legal practitioners from representing the first applicant in casu. In addition to submitting that the preparation of the certificate of urgency ...
More

HH113-11 : ALSHAMS BUILDING MATERIAL t/a LLC (a company incorporated in the United Arab Emirates) vs TAPERA NYEMBA and CHRISTOPHER GOROMONZI and JOSPHAT SACHIKONYE
Ruled By: KUDYA J

Counsel for the respondents was in the invidious position of representing two clients whose versions…, were at cross purposes. In my view, he ought to have declined to represent both of them because of the conflict of interest that arose in such a situation.
More

Appealed
HH158-11 : TRUSTCO MOBILE (PTY) LIMITED and TRUSTCO GROUP INTERNATIONAL (PTY) LIMITED vs ECONET WIRELESS (PRIVATE) LIMITED and FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED
Ruled By: MUTEMA J

Quaere: whether Mr Tawanda Nyambirai, being the Chairman of the first respondent, can represent the latter without staining some ethical considerations.
More

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 Attorney-General had been the legal advisor and counsel for the Registrar of Deeds and the Minister of Lands and Rural Resettlement, (hereafter referred to as “the Minister”). The Minister was the third respondent in Case 1 and the first respondent in Case 2. The Attorney-General himself was a substantive party in Case 2, ...
More

HMA20-17 : FRANK NYAKU BADZA vs SMM HOLDINGS [PVT] LTD [Under Reconstruction] t/a SMM Properties
Ruled By: MAWADZE J and MAFUSIRE J

Order 4 Rule 1 of the Magistrates Court [Civil] Rules authorises a party to institute or defend legal proceedings, inter alia, either in person, or by a legal practitioner….,. Rule 2 then states, unambiguously, that it shall not be necessary for any person to file a power of attorney to act. Admittedly, the Rule ...
More

HH128-06 : DOBROCK HOLDINGS (PVT) LTD and TURNER AND SONS (PVT) LTD vs TURNER AND SONS (PVT) LTD and ANTHONY TURNER and MARTIN KING and ZAMBEZI PADDLE STEAMER (PVT) LTD and DOBROCK (PVT) LTD
Ruled By: KUDYA J

An order for the consolidation of these two matters was granted by UCHENA J, by consent, with no order as to costs, on 2 June 2006, for hearing before me on 7 June 2006 in Case Number 3157/06.The first application, Case No. HC5186/05, concerns an order for specific performance while ...
More

HH85-15 : CROWHILL COMPANY (PVT) LTD vs CYNTHIA MAADZA and THE ZIMBABWE WAR VETERANS ASSOCIATION
Ruled By: MUREMBA J

2. Conflict of interest by applicant's lawyer It was submitted that Mr Dzvetero, who was representing the applicant, was conflicted, because in matters preceding this matter that involved the same parties Mr Dzvetero represented the first respondent, and, as such, he was privy to personal information about the first respondent. In Mutanga v Mutanga 2004 (1) ZLR 475 (H) it was held that the ...
More

HH349-14 : TRUSTEES OF THE S.O.S. CHILDREN'S VILLAGE ASSOCIATION OF ZIMBABWE vs BINDURA UNIVERSITY and MINISTER OF STATE, MASHONALAND CENTRAL and MINISTER OF LANDS and ATTORNEY – GENERAL
Ruled By: MAFUSIRE J

The third point in limine was that counsel for the applicant should be disqualified from representing the applicant. He had been present at the scene. He had witnessed the events. According to the respondents' submissions, it was counsel for the applicant himself who had in fact engineered the dispute. On top of that he had filed a ...
More

View Appeal
HH746-19 : SHERIFF FOR ZIMBABWE (APPLICANT) vs WELLI-WILL INDUSTRIES (PVT) LTD (CLAIMANT) and MALVERN IMBAYAGO (JUDGMENT CREDITOR)
Ruled By: DUBE-BANDA J

This is an interpleader application and the Sheriff of Zimbabwe is the applicant.The facts of this case are interwoven and intricate. It is therefore important that I give a detailed background of the facts preceding this application.For ease of reference, and where the context allows, I will refer to the ...
More

SC77-17 : JULIANA SABARAUTA vs LOCAL AUTHORITIES PENSION FUND and THE SHERIFF
Ruled By: GUVAVA JA, UCHENA JA and ZIYAMBI AJA

The appellant appealed to this court against the decision of the High Court. After reading the record and hearing submissions from counsel for the parties, we dismissed the appeal with costs. We indicated that reasons for judgment would follow in due course. These are they.FACTUAL BACKGROUNDThe appellant was a director ...
More

HH11-09 : THE MASTER OF THE HIGH COURT vs SITHANDIZILE DHLAMINI MOYO (as executor dative of Estate Late Willas Moyo) and GERTRUDE MOYO and SITHEMBISO KUSODZA
Ruled By: GUVAVA J

This is an application by the Master of the High Court for the removal of the first respondent as executor of the estate of the late Willas Mukati Moyo. The application has been filed in terms of section 117 of the Administration of Estates Act [Chapter 6:01] (“the Act”).The facts ...
More

HHH135-17 : SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA vs THE STATE and MAPFUMO FRANCIS (NO)
Ruled By: MAKONI J

On the day of hearing this matter, I issued an order in the following terms:“1. The decision of the 2nd Respondent of dismissing the Applicants application for recusal in Case No. CRB12586/15 be and is hereby set aside.2. That the proceedings in case number CRB12586/15 commence de novo before another ...
More

CC08-21 : ZIMBABWE BANKS AND WORKERS UNION and TIRIVANHU MARIMO vs MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE SHERIFF OF ZIMBABWE and ZB BANK LIMITED
Ruled By: GARWE AJCC, GOWORA AJCC and HLATSHWAYO AJCC

Section 167(5) of the Constitution provides:“(5) Rules of the Constitutional Court must allow a person, when it is in the interests of justice and with or without leave of the Constitutional Court —(a) To bring a constitutional matter directly to the Constitutional Court;(b) To appeal directly to the Constitutional Court ...
More

CC02-22 : MUTUMWA MAWERE and OTHERS vs TICHAONA MUPASIRI and OTHERS
Ruled By: MAKARAU JCC

I..., did not make a definitive ruling on the issue raised by the applicants that the second respondent (the President of the Republic of Zimbabwe) was not properly before me, he being represented by a private law firm as opposed to being represented exclusively by the office of the Attorney-General.I ...
More

Appealed
HH510-20 : FRANCIS BERE vs JUDICIAL SERVICE COMMISSION and SIMBI MUBAKO and REKAYI MAPHOSA and TAKAWIRA NZOMBE and VIRGINIA MABHIZA and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: CHIKOWERO J

This is an application for review of the Judicial Service Commission's decision to advise the President that the question of removing the applicant from the office of a judge ought to be investigated.The applicant is a judge of the Supreme Court and the Constitutional Court of the Republic of Zimbabwe. ...
More

CC10-23 : LAW SOCIETY OF ZIMBABWE vs PARLIAMENT OF ZIMBABWE and PRESIDENT OF THE SENATE and SPEAKER OF THE NATIONAL ASSEMBLY and PRESIDENT OF ZIMBABWE and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and ATTORNEY-GENERAL N.O.
Ruled By: GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, UCHENA AJCC and MAKONI AJCC

The applicant herein, the Law Society of Zimbabwe (hereinafter 'the LSZ') is a statutory corporate body set up in terms of the Legal Practitioners Act [Chapter 27:07]. It is the body responsible for the welfare and regulation of and for representing the legal fraternity in the country. It is capable ...
More

View Appeal
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

IntroductionThis judgment is in respect of two matters, HC2128/21 and HC2166/21. The two matters were heard together because the substance of their complaints is the same.Both matters were brought by way of application. HC2128/21 was instituted as an urgent court application while HC2166/21 was brought as an urgent chamber application.Both ...
More

Back Main menu

Categories

Back to top