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Lease Agreements re: Lease to Buy Agreement and Lease With an Option to Purchase

SC07-09 : ASHANTI GOLDFIELDS ZIMBABWE LTD vs CLEMENTS KOVI
Ruled By: SANDURA JA, CHEDA JA and ZIYAMBI JA

This is an appeal against the judgment of the High Court in which the appellant was ordered to sign all necessary documents in order to transfer Stand No.591, Waterberry Crescent, Bindura to the respondent. In an application filed before the High Court, the respondent claimed that he had purchased the above property, but the appellant disputed ...
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HH135-09 : SIMBARASHE ANTONIO and KINGSTONE MUJATI and ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED and REGISTRAR OF DEEDS and KWADZANAYI BONDE
Ruled By: MAKARAU JP

In concluding as I do, I am aware of the Supreme Court judgment in Ashanti Goldfields Zimbabwe Limited v Clements Kovi SC07-09 in which it was held that the agreement of 1 December 2003 between the defendant before me and a similarly placed employee to the plaintiffs before me was not an agreement of ...
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HB45-09 : FALCON DUBE vs ZIMBABWE NATIONAL WATER AUTHORITY and THE MESSENGER OF COURT
Ruled By: KAMOCHA J

After hearing submissions from both legal practitioners, I discharged the provisional order with costs, and indicated that written reasons would be made available in due course. These are they. On 6 December 2006, the applicant applied for, and was granted, a provisional order which sought to be confirmed in these proceedings. The terms of the final order ...
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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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HH85-10 : THE CITY OF HARARE vs SOUL KENNETH MANYASHA
Ruled By: BHUNU J

The evidence adduced before the court clearly establishes that the defendant complied with all the terms and conditions of the sale. Notwithstanding the error in the description of the property to be sold, there was no mistake as to the identity of the property which was the subject of the sale. The subject of the ...
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SC59-17 : RAYMOND KASEKE vs A A MUSUNGA and PATRICIA DHLAKAMA and THE REGISTRAR OF DEEDS
Ruled By: GWAUNZA JA, GUVAVA JA and BHUNU JA

This is an appeal against the whole judgment of the High Court - passed over 16 years ago on 10 January 2001. The facts of the matter are as follows:- The late Andrew Dhlakama (“Andrew”) and his wife were the owners of certain immovable property known as Stand 763 Malbereign Township. On 30 December 1994, ...
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SC60-17 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs JAFATI MDALA
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and GUVAVA JA

This is an appeal against the entire Judgment of the High Court at Harare dated 27 August 2008. BACKGROUND The facts which gave rise to this matter are mainly common cause and may be summarized as follows. The respondent was an employee of the appellant from 2003 to 2007. During this period, he resided in ...
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SC20-19 : GRACE SHURO vs MOLLY CHIURAISE and CITY OF MASVINGO
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

WHETHER THE FIRST RESPONDENT HAD LOCUS STANDI TO SUE FOR EVICTION Whether the first respondent had the locus standi to sue for the eviction of the appellant remains a live issue between the parties. It is common cause that the late Walter Style Matumba had entered into an agreement of sale with the Minister in respect of the ...
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HH173-17 : F. MUTATA and OTHERS vs THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND URBAN DEVELOPMENT
Ruled By: CHITAKUNYE J and NDEWERE J

This is an appeal against the judgment of the magistrate sitting at Harare in which he granted an order for the eviction of the appellants from certain premises owned by the Government.The appellants are retrenched or retired civil servants who occupied houses situate in the Messengers' Camp in Highfields, Harare.The ...
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HH58-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE vs JOACHIM C NGUWO
Ruled By: MUTEMA J

On 29 March 2011 I dismissed, unconditionally, an application for summary judgment by the applicant.On 4 May 2011, I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made ...
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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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HH48-12 : ENOCK GOVHA vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE and ANOR
Ruled By: MATHONSI J

This is an application for rescission of a judgment of this court entered in default in favour of the first respondent on 26 June 2008 in terms of which the eviction of the applicant and those claiming occupation through him from premises known as 1495 Chiwaridzo Township Bindura was ordered ...
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HH103-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED T/A FREDA REBECCA MINE vs TATENDA TAKAVADA
Ruled By: MUTEMA J

This is an application for summary judgment whose draft order reads:“1. The respondent be and are (sic) hereby ordered to vacate the plaintiff's premises to wit House No. 1117 Haka Way, Chipadze Township, within seven (7) days of this order.2. The respondent pays costs of suit.”This is one of several ...
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HH271-13 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDDA REBECCA MINE vs NYASHA MUTENGWA
Ruled By: MAWADZE J

This is an application for summary judgment wherein the applicant seeks the eviction of the respondent and all those claiming occupation through him from House Number 1131, Chipadze Township, Bindura and costs of suit.The facts of this matter are largely common cause:The respondent was employed by the applicant. With the ...
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